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HomeMy WebLinkAbout00-03628 ""...~~- ~ 2 3 4 5 6 " <D 7 ~ 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24. 25 .......~ -"" . . . , IN THE COURT OF COMMON PLEAS OF THE . 39TH JUDICIAL DISTRICT OF PENNSYLVANIA FRANKLIN COUNTY BRANCH In the Interest of: JUVENILE COURT DIVISION Misty Weaver J0255, 1996 ORDER OF COURT February 23, 1998, after hearing the evidence, the Court finds tbat Misty Weaver has been living with Kerrwood Weaver and his mother, Est:rer, and things have been going well. Upon recommendation of the Franklin County Children and Youth Services, the Court is going to find that Misty is no long dependent and that she be placed permanently in the care, custody and control of her father, Kerrwood Weaver, and his mother, Estrer. THE COURT'FURTHER ORDERS THAT Franklin County Children and Youth shall provide protective services for Misty, and the .Court means by that that they shall check in once a month with Estler and Kerrwood by phone. If at any time there are problems, either Estler or Kerrwood could contact Children and Youth.-:.. THE COURT FURTHER ORDERS THAT if Kerrwood leaves the State of Pennsylvania, he should give Children and Youth and his mother, Estler, at least 72 hours notice before he would attempt to remove Misty from the State of Pennsylvania. ~'" ~ - 111 :~': ~ . , KERWOOD L. WEAVER PLAINTIFF V. IN TIIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ESTHER WEAVER 2000-3628 CIVIL ACTION LAW DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, this 19th day of June ,2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear beforeHubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on the 28th day of July ,2000, at8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or ifthis cannot be accomplished, to define and narrow the issues to be heard hy the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR TIIE COURT, By: /s/ Hubert X. Gilroy. Esq. tP Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessihle facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATIORNEY AT ONCE. IF YOU DO NOT HAVE AN ATIORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~ ! ,? ~"""~ ~ :-1l!IIIJ' tbO.Of) /p -JO ,O?P !/ r;t) .& t7 ~~- ~~ or: 00. r.....,' ,7.ln 1'1'),,',,: ,." ~ ". kQ .j' ,I"'; C' 'A vii,'_"',--", /""-'J.~. ,",_ ~" ")" .. , .. -I' i'Ei\!i;SyL.(I,!\~J)~,UNIY , ,/ ""1. W-~~$4~ (hd~~~'# ~)#;;4/ ~!tf. C&ff~~i/. ~# :. <i ~ "-"",,. ~ "~,~__= ~ _.!ll!~~~~~!,~~"f!\\; ,- -,,-f;'ii"","i",tlf.l!I'ItG~I,~_ ,~_!m! '-, ~ .~ KERWOOD L. WEAVER, Plaintiff :IN THE COURT OF COMMON PLEASE OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00- :3 (.JJ> CIVIL TERM ESTHER WEAVER, Defendant : CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW, this day of , 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before , Esq., the Conciliator, at . on the day of , ; , 2000, at .M., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court and to enter into a temporary . order. Failure to appear at the Conference may provide grounds for entry of a ., temporary or permanent order. FelllOve Un::; ""'Ilia tram the State of t-"ennsylval.is. FOR THE COURT, By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 II Id :I~: '- '- KERWOOD L. WEAVER, Plaintiff : IN THE COURT OF COMMON PLEASE OF : CUMBERLAND COUNTY, PENNSYLVANIA v. ESTHER WEAVER, Defendant : NO. 00- 3{...J! CIVIL : CIVIL ACTION - CUSTODY CUSTODY 1. Plaintiff is Kerwood L . Weaver, an adult individual who currently resides at 611 I Burgners Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Esther Weaver, an adult individual who currently resides at 343 Medford Avenue, Deltona, Florida. 3. Plaintiff seeks custody of his child, Misty Nicole Weaver, born July 29, 1989, currently residing at 611 Burgners Road, Carlisle, Cumberland County, Pennsylvania. 4. By Order of the Court of Common Pleas of the 39th Judicial District of Pennsylvania Franklin County Branch Juvenile Court Division, custody of the child was placed with the Plaintiff, Kerwood Weaver, her natural father and the Defendant, Esther Weaver, her paternal grandmother. A copy of the Order is attached hereto and incorporated herein as Exhibit A. 5. In February 1998, both Plaintiff and Defendant resided at 611 Burgners Road, Carlisle, Cumberland County, Pennsylvania. 6. On or about September 9, 1999 Defendant moved to 343 Medford Avenue Deltona, Florida, 7. The child, Misty Nicole Weaver, remained in the care and custody of the Plaintiff, Kerwood L. Weaver, her father, at 611 Burgners Road, Carlisle, Cumberland County, Pennsylvania. 8. The relationship of the Plaintiff to the child is that of natural father. 9. The relationship of the Defendant to the child is that of paternal grandmother. 10. The Plaintiff has participated as a party in a juvenile dependency case in the Court of Common Pleas of Franklin County docketed to J0255, 1996. 11, Plaintiff has no information of a custody proceeding concerning the child pending in a Court ofthis Commonwealth, II , ..,<,,;{ - -~ . ~> " , 12. The best interest and permanent welfare of the child will be served by granting the relief requested because the Plaintiff is the primary care giver with respect to the child. 13. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. Not other persons are known to have or claim to have any right to custody or visitation of the child other than the parties to this action. 14. On or about June 9, 2000, Defendant returned for a visit in Pennsylvania and attempted to remove the child from the State to return to her to Florida. WHEREFORE, Plaintiff requests your Honorable Court to refer this case to a Custody Conciliator and pending such conciliation hearing prohibit either party from removing the child from the State of Pennsylvania. Respectfully Submitted TURO LAW OFFICES /J./;~ Date " Iderig, Esquire 28 South itt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Kerwood L. Weaver II j " ~ , : I. ''','.; ......... " - , VERIFICATION I verify that the statements made in the foregoing Custody Complaint are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. ce /15/80 Date' ' Jf::d11~_L~~h'_ Kerwood L. Weaver II ~:"~~--" ;;'l'Di'-:rj[f" I) -11llml~lliI!bill"'~~""'~- $H~' ~~it: iijjJlj!l}:f-'!l~~' "-~ - '-l'~i'"- '"J- ~ i' ~ ~ - ~ C} t) , c.. c do I ( ~~ ~~ ~ ~ ~ ...- "M' Iiiri,(: rl " I t ! " ~ I ~ . (') c-=) C) c:: c;) " ~ :.:s::: '= ---; -orr.' ..'1;) rn;-r: "/...:~ zx c... ~-71--- --, P ""---;'-1'" (...,-:. ) (/>.,,' . ....~,~; ~ \ -<..:.::- r:::C! 0 c.-, ~ ~'(J '0,.-'" 0 ---~ (---- -'- '>;: (") ~ z(',~ ,f'-,,) (51T1 s>c= ---I :z ;:;:> ~i~ -I -<, (D ::< 11' , - ,,-;-, _-.,' i_-,_-n' < .-' j , KERWOOD L. WEAVER,: Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW ESTHER WEAVER, Defendant NO. 00-3628 CIVIL TERM ORDER OF COURT AND NOW, this 4th day of March, 2002, upon consideration of the attached letter from Nancy Marzullo, which will be treated as a Notice of Intervention and Petition To ModifY Custody, this matter is referred to the custody conciliation process. The Court Administrator is requested to facilitate the scheduling of this matter. BY THE COURT, ~rt J. Mulderig, Esq. 28 South Pitt Street Carlisle, PA 17013 Attorney for Plaintiff /Peter J. Russo, Esq. 5010 E. Trindle Road Mechanicsburg, P A 17050 Attorney for Defendant hancy Marzullo 231 E. Washington Street Chambersburg, P A 17201 Petitioner, Pro Se Court Administrator -~ f:tf:;~ujJ ) tap ,e5 1'1,:, \ ~ ()3~OLj -a~ l ~ -,t c.~ j.,..> o c -Jf?J fTl II' -"..-.,.., zr-- ~~~ "-:::.C) ;Pc Z -" -< "'N~ ;;0 , ~.. ~~o ~ :rc ,-r"' r.:-? --c ~~~';~ c.",' ;<".,;fT ::'4 ;;;; ::< :::> ,..""". .,.- 0 ,,- '," '.' .., ---.-.-. ::J, ,. _ _ ~~ (k, __ . w------t ~A .!"};gJ I - n · n -'- ",," . '" . . i<" -P-"- - . T>{ a ""=-'--" 1. .~~ 'C> ~ I ,L,~~ '-;J' '___ : :. ~ - V~Y;::'_~~~7QJ__~ '~ ~F,*- 0.) ./l"-';t/J - ~_ .~ i . J.j" ~, ~ "'- '{/ M~ ._ "Jl ~ .. ~ / L ..JA... ~ __ ' -"" A^="L. 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I ~ .....~. ~ --- -. - ~ - -" "-- ~< ,\, , 'I~h ~" '" -~-4 ~ i ~ I ~' . , f:-'~' 9. j, ~,~ if ;#: J ,~:o ....4 ~ --L/J)' c#: ~ . I ~ J,...... fi...J "* '"'7" 'L ~ ~ J. A 0 Q /y\ -----.4"'" . I ~.:ii. ~ _ '----, . -III'. I . ; .:. i . ?!::I Ie,.. - I. .}~,JL ~ ~ h, -AI __ -0 !rl ~>~... 1::Q^-_ ~ T~ _'?_ ~!>- . Illl l ~. . -: ~ ~b "_ t _ '!Iiii) ,. III' , l*~s~,i~; - ." .iJ ....lliililliiilililii:A , " 4 :-, i ~ .w ~ ., ' I . ~~--.-L~~ ~.U ~.. ~Jr ~_n-;:-:;~~.= ~ -0- ~Q) ~"4 .. .~_.'.~_ I..... ~~. '. n-,. J J--L51, ---~- ~-J---- ':f. ., '\ -. ~ . 1 <~ ~ ~ _ .___ "w- :~ ,'::=-=--_l. ~ ~ 'L. LA-/< }~ I .(L~) cL.. '"' ~+- ~ ol~ r Vl_ ,J -.l~ . .._____ i'~ : 0 . '. ./:::-~,!O ~_ ';j ~-;;;r:::;.._~ L1iJz. 'J'".- --.#+ /..1/ :, :. tJ.-:::!2J:;: '1E~ - :~ . !7'/o.-:I>J, . ~"" ,,\lit, -6 . ~ .!d'1-. ..,. :'L- '~~ -,^",~T.:kJP ~ '-.y !~ ".C: . '~-+'~9-~.~~~~~:~~- r=:'"~/t~~ ~ /k.~" ~=~I-Ic. ~ ,~ ~L-_ IV ~ I , i. T~ - 1'>---- :.1 I .l ,i-- !~ 1 i~ - , '}--- i L...--C~ , ~-~,----,--~ _,t0tS;'riJZ~t~ .-1 ,. ~ ~-, ~.'~ '-C ! , '. . . ~ t\ L~l! . i'l KERWOOD L. WEAVER,: Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW ESTHER WEAVER, Defendant NO. 00-3628 CIVIL TERM ORDER OF COURT AND NOW, this 4th day of March, 2002, upon consideration of the attached letter from Nancy Marzullo, whi9h will be treated as a Notice of Intervention and Petition To ModifY Custody, this matter is referred to the custody conciliation process. The Court Administrator is requested to facilitate the scheduling of this matter. BY THE COURT, //l /J I , / / . / / lWesley Oleu:Jr. v Robert l Mulderig, Esq. 28 South Pitt Street Carlisle, PA 17013 Attorney for Plaintiff Peter J. Russo, Esq. 5010 E. Trindle Road Mechanicsburg, P A 17050 Attorney for Defendant Nancy Marzullo 231 E. Washington Street Chambersburg, P A 17201 Petitioner, Pro Se ~ Administrator :rc ," . . .. ......_;&~~j/~~~,?-. ..~.._:::::: . --~_:~.~~t~~~~~ ......"~J.~ · . '. ':r;;~~~~'..~ y.J.)_ ~n~ 1~ .. . ~~ ~~4 'rli!fJ9~V;4~~. .......oiJ. .~~~~~~ll' .. ..~.~~~. ...u.n. .......... ' . .m~ ...~. '.' . ...~... ..<1<..0 ~ . .... '~." ~ h'~ .~ . .... .... ......... .:;;I~1.~'..~. ~. J:' ~~J_ .. J .~. O,___~ ~ n l~n:n_n~~/-J c3c~~ ~ (j ~~' ......... ... _~~. .'~.' (~~[I~~'JJ. ......_.~......~.,...m ......,1 .:f[;.~ ...j[~~:JiM*~~~r~~~ .~.'=~~~.e=~~ti:. ..._"_.~~~=:;.:::.~~ ... _~~ -""'-"- . . . --"1!).Q... .~-, - jl2l ~ .---;t~~: ,i~=~~~~-:iii!.:' ..~.=-~~~~.~.~=. _ -1~~"A;; '..~~.H_ _=.._~L_& . _~..=. _-AAR,... -1 . , -~- , ,1 I"""" ""'.... /~..n:,. ~~-r~;JH ~_ J ;' _ j . J _ _~ "-, . - . i' - .;a:'~-' , ,,- ,. '. 13' *'-1 ~... ~ .... ---.~=.-:...:~:~=-J:JJ~::r- ~=_~~~.. ~-:JiLL]:=:~-~_( . .____mn_~~..__~ ~ ~ ~ ~ ~ .......---. .-........-~t--~~-~---~--~---~-d--... .. ........------.!kL--. ......n-n.LO___~__~.___~~_~-A\~ . . --. -~-- -. .-' .---~ r ---~.__aill)__ ~ -. -- - . . .~ --- .-. ~ .f12 ~. -~~1~~ _~k: __~.~ .~_~ .~ __~..~ . __~.d_~ &A-~12&..~__,Wl,~. . .-~--~--- ~--..3-k .~~ ~ __ ::?~~~~-~~.....*...~ -.fu~~-~-~-"~- . . .J,. .n-h.;}Y.. kL~~. n ~ . n.u,m~.I~'_.....~~~....~.. ... . .n --'---~'nhJkh.~~n.~) --. ...~~;/#~~~~~, . n.. ..... ...-~uu.~nu--..*-..?i!!--~---~-...-_...._n .m--n-_~-'.~--~.-----.-T-~; ....;7~... ~~.~-~--~~-..~ -t:: 4;;-- · . ..- ..n-n~-~._-~-~!J..~' ~~~ ~ .............-..n-.----~--~-n.~-.-..--~-.~~--~0b]2==. ~---~-~~-~.---:I;Jl~~=-!L~ .n___.n___~._ ._-~A~-n--~-n ~I :~--d-- -~.. .- 4>---,--------- --==~-~~k~-.dLo- d~ I\\V_. 'I- · ~ -!L . _ ..Jl.. .____ --------~ ... .~ ~~ ~- I~ ~-A~~ ..... ..~?-- i. ~' II , .' " . <' .' " ~ "~-': I I i , , I i I I I I I I , I , 'I , - - - --#----1------------ ---- . ~u ----j~ -~_- -ti1!~- 1 - --- --------------.--------i---.-----,---.---.,--'~-------"- , - ~_- __ -- ----t - -- - -~~----~~- i ! _..._._-..:.-----_..,'_.,-'-----_._--------~---~----". i -- - --- -- --T--------- -- -- ----- --- I ~'--'-"~------~---l------,.- I ~ I ,-. ~-, " -Bisfl2.",i t f ] , KERWOODL. WEAVER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 00-3628 CIVIL ACTION LAW ESTHER WEAVER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, March 08, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, March 22, 2002 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and aU existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR '!HE COURT, By: Isl Hubert X. Gilroy. Esq. ~ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE '!HIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE '!HE OFFICE SET FOR'!H BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 -~ . !' !\ \ \ '-1~1fIlIJ'lIIIIIII~~"l:W'~1l!9I1 ~lLtTJ-{Jf:FiCE OF .r:;.'''T' !':;:<GTARY 02 MtiR ..8 {JIm: 10 Cu' ".A8'::,,,, ,,;'.,', ('("ilJV1'\, " I ~ I '-., ,"-' 11 ~'...... ....;...... l;,j PENNSYLV/'INIA ~. .~ -"~- ~ .~" _.-- -" -~~ ~" ~ ~"~ ~__~WI'IIIl~,_;~-~l'~\ii!P'!I'>%'~'+R-""'''lW'''''''''''!''"~'f'~f'''''r!W~'rn~il?!''_\;J_f!!iI'~""~'I~~f'~~":$h'"~="~"~i~' "'''''- ~ .'." .. ~,,";1i'1 KERWOOD L. WEAVER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 00-3628 CIVIL ACTION LAW ESTHER WEAVER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, March 08, 2002 , upon consideration ofthe attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. at 4th Floor, Cumberland Connty Courthouse, Carlisle on Friday, March 22, 2002 , the conciliator, at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Isl Hubert X. Gilroy. Esq. ~^ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE TIllS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VB AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FOR1H BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~,~~. '""", """,,. - \ " ~j'.' I f. 1, :\ 'r: c. ~-' KERWOOD L. WEAVER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNfY, PENNSYL VANIA ," \11. '1[,: ~ V. 00-3628 CIVIL ACTION LAW ESlliER WEAVER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, March 08, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Huhert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumherland Connty Courthouse, Carlisle on Friday, March 22, 2002 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter intoa temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and aU existing Protection from Abuse orders, Special Relief orders, and Custody orders to the couciliator 48 hours prior to scheduled hearing. FOR 1HE COURT, By: Isl Hubert X. Gilroy. Esq. J:v- Custody Conciliator \ The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATIORNEY AT ONCE. IF YOU DO NOT HA VB AN ATIORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 .. ,-"''''. , ,',. ~:; KERWOOD L. WEAVER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 00-3628 CIVIL ACTION LAW ESTHER WEAVER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, March 08, 2002 , upon consideration ofthe attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, March 22, 2002 , the conciliator, at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also'be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR TIIE COURT, By: Isl Hubert X. Gilroy. Esq. 60^ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATIORNEY AT ONCE. IF YOU DO NOT HAVE AN ATIORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIIE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 1" "', _ _ ~ . .,'_ \"', '. .. ,. ,~.'. c- f KERWOODL. WEAVER,: Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW ESTHER WEAVER, Defendant NO. 00-3628 CIVIL TERM AMENDING ORDER OF COURT AND NOW, this 11th day of March, 2002, upon consideration ofthe letter attached to the Court's order dated March 4,2002, and upon relation of the Prothonotary's Office that a $50.00 fee is applicable to a referral to the custody conciliation process, the order of court dated March 4, 2002, is amended by the addition of this paragraph: INTERVENOR Nancy Marzullo shall be responsible for payment of the fee for the custody conciliation process. In the event that this fee is not paid within 30 days of March 11, 2002, the notice of intervention shall be deemed moot for purposes of further action by the court at this time. BY THE COURT, ~ert J. Mulderig, Esq. 28 South Pitt Street Carlisle, P A 17013 Attorney for Plaintiff ~ter J. Russo, Esq. 5010 E. Trindle Road Mechanicsburg, P A 17050 Attorney for Defendant --::---:;:'-, ..?-:. ;~ 0') ,0'_ --:'S.O::.,_ l'/\~.J ~ ):~c) Z -- s:{~) ,vL_ Z :? , :z:-...... :.u: 'P. , I~.-" o f ""oc:': ITl1-- ; ''''7'';' " -":"'; r,) ) L ~ JIl~ ()3 -/3 -O~ l '"RXS ", ~ ..,^,..',,-- ,,~-.', "'", . ,-'" '---' "I-I "'" f'-' -; ~~2~ ,),:S. l~ :':--1 t~f~ .-\ )::->, :;l..' '< , , -'~" , '-'", ~ ~-"--- , ,; , -~---. u , , :, , -,~ , . , ~~ Marzullo 231 E. Washington Street Chambersburg, PA 17201 Petitioner, Pro Se Court Administrator -A~~ 3 -//-oa.-<-<u :rc ~I;I' , ,",,_L_ _0 -,.f ;;1 h _, " .. J' APR 2 3 2 2) PETER J. RUSSO, ESQUIRE 5010 EAST TRINDLE ROAD, SUITE 200 MECHANICSBURG, P A 17050 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KERWOOD 1. WEAVER, Case No.: 20~628 CIVIL TERM Plaintiff, vs. CIVIL ACTION - LAW ESTHER WEAVER, Defendant CUSTODY CUSTODY ORDER AND NOW, this ~ day of 0.._(Ji 1" Q consideration of the within Stipulated Custody Agreement, 2002, upon IT IS HEREBY ORDERED AND DECREED THAT: 1) The parties shall share legal custody of the minor child, MISTY WEAVER. 2) Esther Weaver shall have primary physical custody of the minor child. 3) The minor child shall use Esther Weaver's address for enrollment in school. 4) The Father shall be entitled to liberal visitation as mutually agreed upon by the parties, which at a minimum shall consist of: -1 5010 EAST TRINDLE ROAD, SUITE 200 MECHANICSBURG, PA 17050 ~ - - _L -, "'i! . ,. .. ""f'1I" ~I__ _~ ~_. nUl (",.-) )". it'.,.... " >-W"2' II t~ P,'J "1'1 l' " I: Ii CU4t:;< . /'1/,,""" PE,V~s0~~, ~PUfVT" ,-,/." vV-, ' f L"ii~ml . fi!" .~_~~~~f"l~-~Ifl!W,1lfIllW~~l'i'~@"'JMt~~~J~ . ,,' ~. ,'.-' -~.;E " a) During the school year, alternating weekends commencing after school on Friday until Father's delivery of the child to school on Monday morning. b) During the summer months, alternating weekends commencing as early as Father can pick the child up after work until Monday morning, at a time agreed upon by the parties. 5) The parties also agree to alternate the following holidays: a) New Years Day b) Memorial Day c) 4th ofJuly d) Labor Day e) Thanksgiving 6) Christmas shall be divided as follows: a) In odd number years, Father shall have December 24th at 12:00 noon until 12:00 noon on December 25th. b) In even number years, Esther Weaver shall have December 24th at 12:00 noon until 12:00 noon on December 25th. 7) The parties shall permit reasonable telephone access to the child while the child is in the other's custody. 8) The parties are encouraged to accommodate the reasonable requests of the other party for alternations of any agreed upon schedule, as the circumstances and best interests of the child required. -2 5010 EAST TRINDLE ROAD, SUITE 200 MECHANICSBURG, PA 17050 ,-- " .-. J ,-, ~-_," ~ ' ---'"" .;.' ~:..- ~ " 9) If either party hereto breaches any of the provisions of this Agreement, the other party shall have the right to bring any actions or actions in law or equity for such breach. 10) Neither party shall do anything which may estrange the child from the other, or injure the opinion of the child as to the other party, or which may hamper the free and natural development of the child's love or affection for the other party. 11) Any modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and only if executed with the same formality as this Stipulation and Agreement. 12) The parties desire that this Stipulation and Agreement be made an Order of Court to the Court of Common Pleas of Cumberland County does, in fact have jurisdiction over the issue of custody of the parties' minor child and shall retain such jurisdiction should circumstances change and either party desire or require modification of said Order. 13) The parties agree that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other. 14) The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. . ~ ~~:fl 'R~~ to', L \: BY THE COURT, -3 5010 EAST TRINDLE ROAD, SUITE 200 MECHANICSBURG, PA 17050 " '-',. -," ~. ,. '-,-~- "'~'-'-'~~i ~ .' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KERWOOD L. WEAVER, Case No.: 200-3628 CIVIL TERM Plaintiff, vs. CIVIL ACTION - LAW ESTHER WEAVER, Defendant CUSTODY STIPULATED CUSTODY AGREEMENT AND NOW, COMES, the parties in the above-captioned matter, to wit, Kerwood L. Weaver and Esther Weaver and request that the attached Order of Court be entered by the Court, by stipulation of the parties. NOW, THEREFORE, the parties hereto, each intending to be legally bound hereby, place their seal: %M'//!7:[ (-< 4-th"A Kerwood L. Weaver g~ Esther Weaver / /./--t"'a.f~ -' ./ v Date: ~;jof2-, Date: ~- :1/ -0 G -4 5010 EAST TRINDLE ROAD, SUITE 200 MECHANICSBURG, PA 17050 '" , . ~..~.,; ,.> . -~"I $ , . COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND On this, the -<l.L day of O-jIJA'; 1 , 2002, before me, a Notary Public, personally appeared Kerwood 1. Weaver and in due form oflaw'acknowledged the foregoing Custody Agreement to be his act and deed, and desired that the same might be recorded as such. Sworn to and subscribed before me this 1.1 day of '-I ,2002. Notary Public ota Seal r. Wilson, Notary Public S~jppensburg Twp., Cumberland Count My Commission Expires June 1 e, 2005 ',-' ,\ . 5010 EAST TRlNDLE ROAD, SUITE 200 MECHANICSBURG, PA 17050 ,,",' -'0 . '0' "-,""'-o"~ , ..~ COMMONWEALTH OF PENNSYLVANIA .. SS. COUNTY OF CUMBERLAND Onthis,the~dayof ~A,;,JL ,2002, before me, a Notary Public, personally appeared Esther Weaver and in due form of law acknowledged the foregoing Custody Agreement to be her act and deed, and desired that the same might be recorded as such. Sworn to and subscribed before me this4 -.L day of vf ,2002. Notary Public 5010 EAST TRINDLE ROAD, SUITE 200 MECHANICSBURG, PA 17050 ~jii1!lil!!il'""'~""~.-j>l<""IiW"..B..5!J~,:~,~~~"'JfIE~lft.~~lol'.iIiiIUilliN ~ ~ f [ o ~ ~ ::n ~f"" .....;>1., ~ . ~ ~JJ ",,~ 8 :r- 9..J (5 -+- $;. '< ..~ - ;",'r'''''''''" nr" ~MiiIiltlMlii~!lllilil'lI!lIl ., -~"""'~ -'~- .. . ,~"" "'< < " "'-Hi PETER J. RUSSO, ESQUIRE Attorney for Defendant Supreme Court ID: 72897 5010 E. Trindle Road Suite 200 Mechanicsburg, PA 17050 (717) 591-1755 KERWOOD L. WEAVER : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000. 3628 CIVIL ESTHER WEAVER, CIVIL ACTION - LAW Defendant IN CUSTODY ENTRY OF APPEARANCE OF COUNSEL Kindly enter my appearance on behalf of Esther Weaver, Defendant in the above matter. ~~L Peter J. Russo 5010 E. Trindle Road Mechanicsburg, PA 17050 (717) 591-1755 Dated: 7113/01 - . , "-~'" . , PETER J. RUSSO, ESQUIRE Supreme Court 10: 72897 5010 E. Trindle Road Suite 200 Mechanicsburg, PA 17050 (717) 591-1755 Attomey for Defendant ," 'i KERWOOD L. WEAVER Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000 - 3628 CIVIL ? ,t: " 'i" :~ ESTHER WEAVER, Defendant CIVIL ACTION - LAW IN CUSTODY :(- , I[ CERTIFICATE OF SERVICE I, Melissa M. Mehaffey, hereby certify that 1 am on this day serving a copy ENTRY OF APPEARANCE , f r i: i I r' i, I I f f I ~ ~ of the upon the person (s) and in the manner indicated below, service by First-Class Mail, Postage Prepaid, and Addressed as Follows: Robert J. Mulderig, Esquire 32 S. Bedford Street Carlisle, PA 17013 Date: -1=)3-D I i; C ~\...!:/ ?~'!.i . .>.. - . l ,.,.{..,,-?~J?j !:<::<':':"::':.' ..,.{j: . -jl./ .::.~l,~'k~.ryV ,Co t? JC'-,.f- ~ U::...fL~Lj a./:~"kYC'"2>",: c.r.:.-,.:J/!-~ '1"'/"1 ' ~ W~ mtUUtl bUt a~~W/.rv +- I '\C'\ \'" UJ\r?...-c...l, -t '\t t; -- If [L zJ) c... ~7 \' ..J./.- ......e... "?",,c.2. (\)0..$ ?Iy;) r' 'r I IL ~::;;p-'- :1--0 s.?'1 d.. rc-<-- ( ~t 1 ! "t--. 'S':' p rO S<:... p-H'.. -I-:;; ,J)-eJ" Ij , V'.~ l yot( oJ J if f. :::.e:..c... -l re-fJ ~t0 c...J ") fyc P) h <c.... - ...IL~ '" ;1 ~ -? 1: \:; ? 1"" 7 &) <;..? ~~J....,,,,t,~=- J- ~ (/~ -b ~J:-_ p rr.> .>c-, c .,-,...,..<; "-J."~" - ~'" ,-'- '~~"',. -',- ~' .,. - - ~.",--- ",,' . ,.," "'. , 0<;;'-':" KANE AND MACKIN, LLP ATTDRNEYS AT LAW 330D TRINDLE ROAD CAMP HILL, PA 17011.-4432 M.JKANE.JO@NETSCAPE.NET HTTP:// SITES.NETSCAPE~NET/KANEMACKIN 717-214-3700 717-214-3703 (FAX) MICHAEL ..... KANE CHARLES P. MACKIN July 9, 2001 Hon. J. Wesley Oler, Jr. Court of Common Pleas Cumberland County Courthouse Carlisle,PA 17013 Re: Weaver v. Weaver No. 2000-3628 Civil-In Custody Dear Judge Oler, I received a notice of hearing set for August 9, 2001 at 1:30 in this matter. I am writing to advise the court that I do not represent either of the parties. I was contacted by the Defendant about the case the day before a conciliation meeting took place. I then contacted Mr. James Kayer, who represented her in the matter previously, to gather information about the nature of the case, but did not enter an appearance and have not been retained. I assume that I was placed on the service list because I was in discussions with the Defendant at the time the conciliation took place. Thereafter, I advised Ms. Weaver that I would not be able to represent her and referred her to other counsel to discuss possible representation. Thank you. Very truly yours, Kane and Mackin, LLP by: l~~(~ cc: Richard!. Pierce, Court Administrator Robert!. Mulderig, Esq. JUl 7 7 2001 " . - ---;--~- ..-~-~.;~ - . .' KERWOOD L. WEAVER, Plaintiff :IN THE COURT OF COMMON PLEASE OF : CUMBERLAND COUNTY, PENNSYLVANIA v. ESTHER WEAVER, Defendant : NO. 00- 3(;,).8 CIVIL TERM : CIVIL ACTION - CUSTODY AFFIDAVIT OF SERVICE I HEREBY CERTIFY THAT I served a true and correct copy of the Custody Complaint filed in the above captioned cases upon Esther Weaver, by certified mail, return receipt requested on June 19, 2000 addressed to: Esther Weaver 343 Medford Avenue Deltona, FL 32725 and did thereafter receive same as evidenced by the attached Post Office receipt card dated June 22, 2000. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT OF SERVICE ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, " INFORMATION AND BELIEF, I UNDERSTAND THAT FALSE STATEMENTS HEREIN: MADE ARE SUBJECT TO THE PENALTIES OF 1B PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. TURO LAW OFFICES ,h~C) Dafe ~~' Robert uldeng, Esq e 2B South Pitt Street Carlisle, PA 17013 (717) 245-96BB Attorney for Plaintiff II [' Ii i. Z 452 476 176 us Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for Intemational Mail Sse reverse Se'lllo Certified Fee Special Pelivery Fee Restricted Delivery Fee "' m Return Receipt Showing to ~ Whom & Date DeUvered '[ Retum ReceiptShowlng to Whom, < Date, & Addressee's Address o :i: TOTAL Postage &Fees e-) Postmark or Date E ~ ~ (), "If) . a 5'"' $ J tJ..flL 19, dOOO , .-' i III I j ~ I , I also wish to receive the followM ing services (for an extra,fee): . H ~DER:, E1'tom~lete'items 1 and/or 2 for additional se/Vices. ~lT!plete items 3, 4a, anr;t 4b. l:1!:'Prinryour. name'-and address on the reverse of this form so that we can return this m~-=~iTTl to the front of the mailpiece, or on the bacl< it space does"I1Ot . ~rm~'i _::~ . - ':"~'; E1'W . m':~9:CfIipt Requested" on the ma!lpiece belm'ttt;ie article number. mth R~~pt will'show to whom the arucle was delivered and-the date 3. Am , di~$ed to: ~I-;~~ve. bv-TbJJfL f::L &;llJ'S 4a. Article Number Z. 45d. 41lJ> n lo 4b. Service Type o Registered D- Express Mail ~etum ~eceipt for.Merchandise 7. D of 'elivery Z-. dress (Only If requested arid )4.certified o Insured DCOD en . nature (Addressee or Agstlf,) ~t:~l ii H nnii Pl PS Fo,m 3811, Decemb<;t 1M>! 't',j i stic Return Receipt -,.~~'~ .,.' ""~~I I I I I t i " l- I "'" 1..-] -, "",,' "..,. "i"'" ".. ~ _~~ ~.,",' ~s , ' -'-...~~",",,- - ' -~~ ,- ~' , "_',,"J_~_" ',', '.'-- <;"'Ciiic>" 'c;"",,,,,, """"." OM """"""",lilii' c' , Ill' I I I I E g Q i~ "- -...; c= =1__" :z Inf...... ti~ N -....~!Vt.Tl -.l :'r5.0 ~ 0<:,: ~~ J>> ~-~ . ::ll: O:!3 .7'0 - Om ., ~ N .~ " . 1. .. 'CI ,.",,"". . ::' __~ ", ;:.:z':'.~::\i ':':: J~',;:,' ",' ' '~\ "~~('~~:}!I . , KERWOOD L. WEAVER, Plaintiff : IN THE COURT OF COMMON PLEASE OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00-3628 CIVIL ESTHER WEAVER, Defendant : CIVIL ACTION - CUSTODY ORDER AND NOW, this \5 r~ day of June, 2000, based upon the attached Petition for Special Relief it is hereby ORDERED that neither party may removed the child, Misty Nicole Weaver, born July 29,1989, currently residing at 611 Burgners Road, Carlisle, Cumberland County, Pennsylvania, from the State of Pennsylvania pending the upcoming Custody Concilia~iof: 'J -I.), I .(! L. ' lJ A lo{t"lltllU& ot'/1~" C",cUl't'l\)i(lQ7> I/Al,!, wee... ..../~ c... he. a.t i~c. .r5., 0\)(&1 .J- e.(((,cY f-a.J1, <.t ZJ7) t......c... pt-i Q.]'-h c CQJlc-'III2.lloeh (~fcJU?c.e... BY THE COURT, J. II ~ ,.0,,:: \,.'! r'f) J"" 1'- UU ul"J J f"l\1 ? 1 '1 iil >.,. ...1(. Cl.h\!JEHLA\!iJ COUNTY .~ PENNSYlVA1\j/A ."" 6 -/S-'C1:7 ~ ~-l?CJ # I'l,...ijf III!I.- ~,", aJ-~~ 7l~ M.Jv , - "" '~4~ ~~. . . '" ~J~:"'IlIQWIIlII;!II~!!if;lflf ,JJjl!Mlillllll!llJ = 1I!1P__ nO ~~ JI'L_ .. i. 1 : " _ ',_, " ';, c '_ _._ -" ._~_ ,,--:: ,'. -, ~',"- '---,-, .,,-,- ,- ,,'-,-,',_r .'. '-3'?_\"~. " ';' "<",:-<.n ~~i .. .... '. KERWOOD L. WEAVER, Plaintiff : IN THE COURT OF COMMON PLEASE OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00-3628 CIVIL ESTHER WEAVER, Defendant : CIVIL ACTION - CUSTODY PETITION FOR SPECIAL RELIEF NOW COMES the Plaintiff, Kerwood L . Weaver, by and through his Counsel, Robert J. Mulderig, and files this Petition for Special Relief stating: 1. Plaintiff is Kerwood L . Weaver, an adult individual who currently resides at 611 Burgners Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Esther Weaver, an adult individual who currently resides at 343 Medford Avenue, Deltona, Florida. 2. By Order ofthe Court of Common Pleas of the 39th Judicial District of Pennsylvania Franklin County Branch Juvenile Court Division, custody of the child, Misty Nicole Weaver, born July 29,1989, currently residing at 611 Burgners Road, Carlisle, Cumberland County, Pennsylvania, was placed with the Plaintiff, Kerwood Weaver, her natural father and the Defendant, Esther Weaver, her paternal grandmother. A copy of the Order is attached hereto and incorporated herein as Exhibit A. 3. In February 1998, both Plaintiff and Defendant resided at 611 Burgners Road, Carlisle, Cumberland County, Pennsylvania. 4. On or about September 9, 1999 Defendant moved to 343 Medford Avenue Deltona, Florida 5. The child, Misty Nicole Weaver, remained in the care and custody of the Plaintiff, Kerwood L. Weaver, her father, at 611 Burgners Road, Carlisle, Cumberland County, Pennsylvania. 6. The relationship of the Plaintiff to the child is that of natural father. 7. The relationship of the Defendant to the child is that of paternal grandmother. 8. On or about June 9, 2000, Defendant returned for a visit in Pennsylvania and attempted to remove the child from the State to return to her to Florida. II tli, . , 'h" .--. '_,,'-, _' ~'_'_ '~'':''. ,';,;,_,i;,..-,;,'_" " ;, __ ,-;~:,:(~-:,11 " " " 9, On June 15, 2000, Plaintiff filed a custody complaint to the above caption. WHEREFORE, Plaintiff requests your Honorable Court to prohibit either party from removing the child from the State of Pennsylvania, pending such conciliation hearing. Respectfully Submitted TURO LAW OFFICES rf ;jqbcJ Date . Iderig, Esquire 28 South itt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Kerwood L. Weaver Ii . ,. . ,., ~" - _.,no,- r. _. '- ,-~ ,;;~'Z~.~'._,.--_ -. ",,;:-~'~~.~f . ~, " VERIFICATION I verify that the statements made in the foregoing Petition for Special Relief are true and correct. I understand that false statements made herein are subject to the penalties of 18 Par C.S. 94904 relating to unsworn falsification to authorities. eIIS/oC) Date ( XII uJ(Jdj :1_( (l1/>/~ Kerwood L. Weaver II . 1 2 3 4 ) 6 " '" 7 ~ 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24. 25 "- , ~ IN THE COURT OF" COMMON PLEAS OF THE , 39TH JUDICIAL DISTRICT OF PENNSYLVANIA FRANKLIN COUNTY BRANCH In the Interest of: JUVENILE COURT DIVISION Misty Weaver J0255, 1996 ORDER OF COURT February 23, 1998, after hearing the evidence, the Court finds tbat Misty Weaver has been living with Kerrwood Weaver and his mother, E~r, and things have been going well. Upon recommendation of the Franklin County Children and Youth Services, the Court is going to find that Misty is no long dependent and that she be placed permanently in the care, custody and control of her father, Kerrwood Weaver, and his mother, E&rer. THE COURT/FURTHER ORDERS THAT Franklin County Children and Youth shall provide protective services for Misty, and the Court means by that that they shall check in once a month with Estier and Kerrwood by phone. If at any time there are problems, either Estier or Kerrwood could contact Children and Youth;:_. THE COURT FURTHER ORDERS THAT if Kerrwood leaves the State of Pennsylvania, he should give Children and Youth and his mother, Estler, at least 72 hours notice before he would attempt to remove Misty from the State of Pennsylvania. .J. ~~~~I,(ill&lfliili!il@!ifml,~~4~~"do_""jilij'_''''-{;W~~iml!llli~~'imii1; -' ~~~ ~ ~ ~WW-- , - o,~~ 00 , 'i. ,. IIlilfl ';1 (') C: ,{f ff~ -,.;1', 6:1;~:.; f2E~ 5~-'. ,,~ t-: Pc :2 ::< '-.J ; c:- C.:' :2! '- ,....,- :c,':": cr; " "'; '1---' " C) ..f) ---i_, :_l_J '., cSn--i ..-.j 3S --<: ~~) -' ~ --, ~ ". ',j, .'L<^,.,..,', ;~ . ' -'^,&, ,j , KERWOOD L. WEAVER, Plaintiff/Respondent: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW IN CUSTODY ESTHER WEAVER, Defendant/Petitioner: No. 00-3628 CIVIL TERM ORDER OF COURT AND NOW, this 20th day of October, 2000, upon consideration of Defendant's Emergency Petition for Special Relief, and pursuant to an agreement reached in open court among the parties and their respective attorneys, David Green, Esquire, on behalf of the Plaintiff, and James J. Kayer, Esquire, on behalf of the Defendant, it is ordered and directed as follows: 1. The order of August 2, 2000, shall be vacated. 2. The parties shall share legal custody of the subject child, Misty Nicole Weaver, born July 29, 1989. 3. Physical custody of the child shall be as follows: a. Child shall reside with the paternal grandmother for the 2000-2001 academic school year in her residence in Florida. b. The father shall have physical custody at those times as the parties may agree in Florida, and a I I 1 !II!II ,~,~~r' '""~. .-. I'.'''''~ ~" ,~" ". "', ,,\ \....... ,.......-.: 1\ \' \\)?;!....::~-f\__',('}J,\) \ '\l',,}" "-' ("; v' 'H', 9: 2G n\) (\\,\ '3 \ ' ","O\.\\'lI'I N' "'1J G. C\.\N\~~~~S~l\jI\I'\\I'- " -, .I. .~~ .--" , "!.,..Il, _ 1IJIi!,._ ,_ __" ~_'.'"" .~=",",""'lR,~'i''' ,.::_!!lJ!l~'"'I!F!IijJ!i~f!""Wlli\fl'-"'~~~1~~- ,,,i!ll , --t '-'.-" _.a ,- ~c _"';"" ,;,,'">~ ;" - .l.,L,__ "_n'_ -,,'--~~:_----,__-~,.~~ _._~___, """ -, ~ combination shall be provided for him by the paternal grandmother should he decide to exercise such visitation; at any time that the grandmother and the child are in the central Pennsylvania area; and during the Christmas and spring breaks as the parties can agree. 4. The parties will share transportation responsibilities. 5. Reasonable telephone access shall continue to be allowed for the father. 6. Both parties shall keep the other advised regarding their current addresses and phone numbers. 7. The paternal grandmother shall advise the father as soon as practical regarding the specific identities and means of communication regarding any educational personnel that are involved in the child's education. 8. The Court shall retain jurisdiction in this case. 9. At the termination of the 2000-2001 academic school year, the parties agree to meet for a conciliation conference regarding the future physical . . .. ""'- 'h' ^,'~. __, r~ . .,,,,, '~'';" . custody arrangement of Misty Nicole Weaver. 10. With regard to Misty's wishes, should she decide to return to her father's physical custody, she will be permitted to return, at which time father will assure her educational needs and provide a stable home environment for her. 11. At the conciliation conference scheduled for the summer, the parties agree that the paternal grandmother may participate in that conference by telephone. By the Court, r., J. James J. Kayer, Esquire For the Plaintiff LapiJD -fY)aJJ /0-31-00 ~S David Green, Esquire For the Defendant wcy '.~ -I ~ ~ . . ';~', KERWOOD L. WEAVER PLAINTIFF I ((<:;.p. V. ESTHER WEAVER DEFENDANT I Peht-iOVl . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA 00-3628 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, Jnne 06, 2001 , upon consideration ofthe attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberlaud Couuty Courthouse, Carlisle on Thursday, June 28, 2001 at 8:30 a.m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abnse orders, Special Relief orders, and Cnstody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Isl Hubert X. Gilroy. Esq./Zl Custody Conciliator The Court of Cormnon Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE 1HIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ,- _o..........,'1lI!!'J!!IltIf"_"" d, 'J';; tJ/ t '/,:} t9/ (,.Jd-tJ/ CF i,;~.:}-;r;:':qr:FICE -I .' :<I;\fOTARY GfJUf!}" ",' " '- rl; 2: C:R ~ ';)\,01 CUMBr.:,-" n, PENNSVf.t,~~UN7Y IV- ~~~ ~4?~ 'nnta ~ ~ ~~ ~~~~ 7f'~~, ~,~, ~l"_'~ ~~~ -~ em' , < ~" _' ilIj!m~W'~I~~~'~__,l~ ',J,_..~ - - ~ & MAl 3 1 7M1 01' KERWOOD L. WEAVER, Plaintiff/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL V ANlA v. : NO. 2000-3628 CIVIL TERM : CIVIL ACTION - LAW ESTHER WEAVER, Defendant/Petitioner : IN CUSTODY ORDER OF COURT AND NOW, this day of , 2001, upon consideration of the attached Petition, it is hereby directed that the parties and their respective counsel appear before Hubert X. Gilroy, Esquire, Custody Conciliator, at on of ,2001, at o'clock _.M., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to defme and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: , Esquire Custody Conciliator cc: James J. Kayer, Esquire Attorney for Plaintiff Robert Mulderig, Esq. Attorney for Defendant ~ "e,.'" " , KERWOODL. WEAVER, Plaintiff/Respondent v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-3628 CIVIL TERM : CIVIL ACTION - LAW ESTHER WEAVER, Defenclant/Petitioner : IN CUSTODY MOTION TO REAPPOINT CONCILIATOR COMES NOW, the Defendant, Esther Weaver, by and through her attorney, James J. Kayer, Esquire, and who does hereby aver as follows: 1. The Petitioner, Esther Weaver, the Defendant in the above captioned matter. 2. The Respondent, Kerwood L. Weaver, the Plaintiff in the above captioned matter.. 3. The Respondent is the natural father of Misty Nicole Weaver, born July 29,1989. 4. The Petitioner is the Paternal Grandmother of Misty Nichole Weaver. 5. By mutual agreement of the parties reached in open court on October 20, 2000, this Honorable Court issued a Custody Order whereby primary physical custody of the child was with the Paternal Grandmother for the 2000-2001 academic school year. A copy of the Order is attached hereto and designated as Exhibit "A". 6. Paragraph 9 of the Court's October 20, 2000 Order anticipates that the parties will meet for a conciliation conference regarding the future physical custody of the child at the end of the academic year. WHEREFORE, the Petitioner requests this Honorable Court to reappoint Hubert X. Gilroy as conciliator and to direct the conciliator to schedule a conciliation conference as soon as practicable. '"' ,____" c"-" Respectfully submitted, KA YER & BROWN Date: 7/Z 1(0) ..-- ~- ; ~ .- =' ~",;;2 " VERIFICATION I, James J. Kayer, Esq., am the attorney for, and being dilly affirmed according to law, depose and say that the facts set for the in the foregoing Motion to Reappoint Conciliator are true and correct to the best of my knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa C.S.A. ~ 4904, relating to unsworn falsification to authorities. Date: J IV? (01 KA AND BROWN 4 East Liberty Avenue Carlisle P A 17013 (717) 243-7922 Court I.D. # 50838 - '" ,', - ---lii- CERTIFICATE OF SERVICE I hereby certify that a true copy of the foregoing MOTION TO REAPPOINT CONCILIATOR was served on the following persons by Via Facsimile and First-class mail, postage prepaid, by forwarding a true and correct copy unto: TURO LAW OFFICES 28 South Pit Street Carlisle PA 17013 Date (/21ldl I:' -- -- .--~,,-;;;'- . ~-- < ,,-, "'c.-i- .~ KERWOOD L. WEAVER, Plaintiff :IN THE COURT OF COMMON PLEASE OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. oO-3(,l~CIVIL TERM ESTHER WEAVER, Defendant : CIVIL ACTION - CUSTODY AFFIDAVIT OF SERVICE I HEREBY CERTIFY THAT I served a true and correct copy of the Petition for , Special Relief filed in the above captioned cases upon Esther Weaver, by certified mail, , return receipt requested on June 22, 2000 addressed to: Esther Weaver 343 Medford Avenue Deltona, FL 32725 and did thereafter receive same as evidenced by the attached Post Office receipt card dated June 26, 2000. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT OF SERVICE ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, I UNDERSTAND THAT FALSE STATEMENTS HEREIN MADE ARE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. TURO LAW OFFICES ~(3~o Da e Robert . Mulderig, Esq 'r 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff Ii ...- '~ ~'''.J~._ .,,--.,. ,""''''_'''''''-;'..-."->_;_;';,0,, ~- -, ^ ~),-"., , '---.. Z 452 476 177 US Poslal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See reverse ~~ M7/VE't.- "meDForu AvE "~Z1P?L 32125 POslage $ ,5~ Certified Fee 0 Special PoIlvery Fee Restricted Delivery Fee U) m Return Receipt Showing to Whom & Date DeHvered '15. RetumReceiptShowingIoWhom, <C Date, & Add......~ Address o o TOTAL Postage & Fees OIl C') Postmark; or Date E ~ ~ $5,Q5 J u.ru 2.'2.-, U1JD .~-..NPl:R: . . 1- ,. ~'Comp!ete items 1 and/or 2 lor additional services. -r' Complete items 3, 48, and 4b. . _ --~:-P_ ri,nt your name and address on the reverse of this form so that we can return this card to you; m4.1tach this form to the front of the maiJpiece, or on the back jf space does not !!! permit. . aWrite "Return Receipt Requested" on the maiJpiece below the article I"!umber. = D,ti:i~ Return Receipt will show to whom the article Wall delivered and the date G " Eilllvered. I S:';l\rticle Addressed to: ,gST!tER -\0\) 8~lVER _ :3+3 me1)FDJe;D /TUt, baJ()1.JA, FL 32-l25 ~Sf0nj1j38~'i~i!ll!f MI~ '..1 : II I . wi$hln receive the 101/iiIW. ing services (for an extra fee): . 1.0 Ad 'sAdqress Restricte(l Deliv 48. Article Number 2- 452. 47LP rn 4b. Service TyPe o Registered o Express Mal/ otRetum Receipt for Merchandise 7. Pate 01 Pel/very !Jlcertified o Insured 0000 10_$9"6_3 ~estic Return Receipt i t I l I I - >- C) ~ cc c i:! 2: :::J UJQ 0:;'; ~F :r:: C)~ Cl... ;;;. ,~':);;:! co ~~l' (.I) I -:12: 0::2: EE! ~-i , LtJw S OJ 0.. . ,C':.: J ~ LL <::> :::J 0 0 (,) , - 1'" 1t(I -",'''' , .. "',-1:-! ,~~:-,' ; "..-1._;.'- .. :,1:;<'" '~'?'-1~,;:::~'~C ..';;\ , ,"."i'''- ,. n '0 _,_<-, ,~, -'"'; .~.C",.'_"",",',.",~""",," "~'~-\..;~'_;''''~'-,,,-,i:;'~-_ ~""H",,"'Ii"-"" . -""_; _,-_~ _~,,',_"'\,,~, ... . JUl 03 2~ KERWOODL. WEAVER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW ESTHER WEAVER, Defendant NO. 2000 - 3628 CNIL IN CUSTODY COURT ORDER AND NOW, this S ti, day of .:! IJ ~ ,2001, upon consideration of the attached Custody Conciliation Report, it is ordered and d' ccted as follows: I. A hearing is scheduled in Courtroom No. I of the Cumberland County Courthouse on the 9tl1 day of August, 2001 at 1 :30 p.m. At this hearing, the Father, Kerwood L. Weaver, shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the court, each party's position on these issues, a list of witnesses who will be called to testified and the summary of the anticipated testimony of those witnesses. This memorandum shall be filed at least five (5) days prior to the mentioned hearing date. 2. Pending the hearing as noted above, Father shall continue to enjoy custody with the minor child Misty Nicole Weaver, born July 29,1989 during the summer. 3. Both parties are specifically directed to provide the other party with a current address and phone number for their home at this time. 4. Father's counsel is directed to serve a copy of this Order scheduling the hearing in this matter on the Mother of the minor child if her whereabouts are able to be determined. BY THE COURT, cc: Robert 1. Mulderig, Esquire James 1. Kayer, Esquire '~ Michael Kane, Esquire ~f\~ . CI'\-VO\ "', !'i\(v,\\.\'-r:..A '1M, ~':\'I\' ,; ,,1'4.-0..... ,'r"'\ I 1 i\1r)'}~i:",~1 - .,,'~r':\,.-,::,'?--':,t,h ;,j /'0-,",1, ,v''- ~ \ .r ',.";j tj .u ',~ .-1 ':--,r~ \ ':\ g- H il U ',j:.. _,:\:_:::,0 }'/jiC::..,<c' ,c,.,.\ \d - '];-"i-\;I \~ ..' ,_-, ..,J',)'-'. ,.. jiJo;,"_ I~ k. .- 'e ,_. .'~ ~. _ ~, _ M _ . .-'.' ,. ~,"'">'^"'",n'>~- ',-- ",-"-.~,,,,,,-'.< "",,,",",);;~"~,,--,;"~q '. " ,_ " , U;.' . . KERWOOD 1. WEAVER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW ESTHER WEAVER, Defendant NO. 2000 - 3628 CIVIL IN CUSTODY Prior Judge: 1. Wesley oter, Jr. CONCILlA nON CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Cdnciliator submits the following report: I. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Misty Nicole Weaver, born July 29, 1989. 2. A Conciliation Conference was held on June 28, 2001, with the following individuals in attendance: The Paternal Grandmother, Esther Weaver, with her counsel, James 1. Kayer, Esquire; and the Father, Kerwood 1. Weaver, with his counsel, Robert 1. Mulderig, Esquire. Mrs. Weaver was not present for the Conciliation but was available by phone from Florida. The Mother is not a party to this action, and the parties assert that the Mother has not had any contact with the minor child since 1998. 3. Pursuant to an agreement of the parties, the Paternal Grandmother has enjoyed custody with the minor child since last summer. Paternal Grandmother now has custody of the minor child during the school year. Father wants to maintain primary custody. Paternal Grandmother feels she should retain primary custody. The parties are unable to reach an agreement. The Conciliator recommends the entry of an order in the form as attached. v~') q/ (;f DA E ' " - . " " ~,"- 1"- ti;' . ~. ..../ - , JUt :I 1 zoooW KERWOOD 1. WEAVER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW ESTHER WEAVER, Defendant NO. 2000 - 3628 CIVIL IN CUSTODY COURT ORDER AND NOW, this 2'1J. day of A\J~ \)st ,2000, upon consideration of the attached Custody Conciliation Report, it is ordered and . ected as follows: 1. The Father, Kerwood 1. Weaver, and the Paternal Grandmother, Esther Weaver, shall enjoy shared legal custody of Misty Nicole Weaver, born July 29, 1989. 2. The Father shall enjoy primary physical custody of the minor child. 3. The Paternal Grandmother shall enjoy periods of physical custody of the minor child as follows: A. When the Grandmother is in the Carlisle area and gives Father notice in advance, the Grandmother may exercise custody during the time she is in the Carlisle area which custody shall be unsupervised on a condition that she tells the Father where she is residing in Carlisle and gives Father a phone number. B. For the remainder of the summer for the year 2000, Maternal Grandmother may exercise physical custody with Misty until one week before school begins. C. Absent an agreement between the parties to the contrary, for the summer of the year 2001 and thereafter, the Paternal Grandmother shall have physical custody of Misty from a point starting three (3) days after she is released from school until when Father starts his two (2) week vacation. Misty shall be returned to Father for his two week vacation in the summer. Upon conclusion of Father's two week vacation, Misty shall again be in the custody of the Paternal Grandmother until one week before Misty will start school. 4. The Paternal Grandmother shall enjoy reasonable telephone contact with Misty which shall include at a minimum three unmonitored phone calls each week. When Misty is in the custody of the Paternal Grandmother, Father shall enjoy similar telephone contact privileges. . -..-~ . -"" ~ , .. -~-~- " -~- - "" co jr; f 'f"\ f-f!r,_,,; ':, J.;/"l 11:1.9 " CUi"';"'" .'" ,vl'."'_.,'i;"._ "E''''"~,(,,, f.I ~j 1;1\\:;- b'; ':'):.,~:Ui'JTl ;f'F~. ~, " I?>t .",,~-=- .~ . ~~.~",~ . - ,-"~" '1. __,,""[YI].- .-> ,'_C',," ,,'L -1t .- cc: - '"' , ."", ''''^",,"''~''-'" '~"-- - " lJi 5. Both parties shall keep the other party advised with respect to their current address and phone number, 6. The parties shall share transportation costs in connection with exchange of visitation. Absent an agreement otherwise, the non-custodial party shall be responsible for making arrangements to either pick up the child or travel arrangements for the child to be delivered to them to start their period of custody. 7. The parties may modify this Order by any agreement they may reach between themselves. Absent any agreement, this Order shall control. In the event the parties desire to modify this Order, either party may petition the Court to have the case again scheduled for a Conference with the Custody Conciliator. BY THE COURT, J. James Kayer, Esquire David Greene, Esquire S Cof'€s ~LbL p/4oo ~ -,"'{ ",,' -,' - --' ~~>"-",,",,,--- ,:, "" L_. 'h,.P_~_ .'o".-;."J.,,", ,-' , e.. "~-'I I I I i , I I ! ',- -=7 KERWOOD L. WEAVER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW ESTHER WEAVER, Defendant NO. 2000 - 3628 CIVIL IN CUSTODY Prior Judge: J. Wesley Oler, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915 .3-8(b), the undersigned Custody Conciliator submits the following report: I. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Misty Nicole Weaver, born July 29, 1989. 2. A Conciliation Conference was held on July 28, 2000, with the following individuals in attendance: The Father, Kerwood L. Weaver, with his counsel, David Greene, Esquire; and the Paternal Grandmother, Esther Weaver, with her counsel, James Kayer, Esquire. 3. The parties agree to the entry of an order in the form as attached. f) l ;) >1/ ()D DATE '"' - , KERWOOD L . WEAVER Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW ESTHER WEAVER Defendant 2000-3628 CIVIL TERM ORDER OF COURT AND NOW, this 9th day of August, 2001, upon consideration of Plaintiff's Petition for Modification of Custody in the above-captioned matter, and pursuant to an agreement reached in open court between the parties in the person of Plaintiff Kerwood L. Weaver (father), represented by Robert J. Mulderig, Esquire, and Defendant Esther Weaver (paternal grandmother), represented by Peter J. Russo, Esquire, it is ordered and directed, in accordance with the dictation of counsel in court, with respect to custody of the parties' child as follows: 1. Parties shall share legal custody. 2. Kerwood L. Weaver shall have primary physical custody of the subject minor child. 3. Esther Weaver shall commence temporary custody effective today until such time as Kerwood L. Weaver relocates to Florida and establishes a residence which at a minimum shall contain a separate bedroom for the subject minor child. 4. The parties agree that neither shall relocate from Florida until further order of court. 5. The parties agree that Esther Weaver shall have visitation on alternating weeks during the school year from Friday after school through the delivery of the child on Monday morning to school. During summer months, Esther Weaver shall pick up the child as early as is convenient for father and retain the child until 5:00 p.m. the following Monday. On alternating weeks the , - ~ 'J 1 !!!IIIlI ,0", ~ F;UI>-Di=n8E OF n-::~ '-!]r..:()'UHY o I AUf, I 7 Fd'lll:? 2 CU"f'."" ,.. '('/')1-'01 rJi jehLf',;\U !~u J "Ill { PENNSYlWNiA ~1- , "..... .-'. - '~'-m'_'- -, _... ,~l!lI'frw."Wij<rf1l![1 Y_'=~--""""""~--'" "~~~'-""T"":'-"-"'-"""';; . g-~ . , ,>,., "~-"' ~, '-~~ >".'c~"i ".....,~ ~ " .... , Tuesday and Thursday following the return of the child, Esther Weaver shall have during the school year after school until 8:00 p.m. and during the summer months a time which is as early as convenient for father through 8:00 p.m. as well. Grandmother shall have the right of first refusal for all day care. 6. Father agrees to continue with any treatment the child is currently receiving and as long as such treatment is medically necessary. Esther Weaver shall have two non-consecutive weeks of uninterrupted visitation which encompass her weekends as well during the summer. 7. The parties agree to alternating holidays of the five holidays of New Years, Memorial Day, 4th of July, Labor Day and Thanksgiving, Christmas will be split 12:00 noon to December 24 at 12:00 noon December 25 in odd numbered years with the father and in even numbered years with the grandparents and in odd numbered years it will reverse. At such other times as the party may mutually agree. By the Court, J Peter J. Russo, Esquire 5010 East Trindle Road Mechanicsburg, PA 17050 For the Plaintiff Robert J. Mulderig, Esquire 32 South Bedford Street Carlisle Pa 17013 For the Defendant . ~ NUJI ~ ~ pcb --- ~.--~....:.. " .. " , ,-J KERWOODL. WEAVER, PlaintifflRespondent - "'ii . i" OCT 0 5 ZOOrJfJIJ : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2000-3628 CIVIL TERM : CIVIL ACTION - LAW ESTHER WEAVER, DefendantlPetitioner : IN CUSTODY ,{f; ORDER OF COURT AND NOW, this ~ day of October, 2000, based the attached Emergency Petition for Special Relief, it is hereby ordered that a hearing shall be scheduled this matter be scheduled to address the issues raised in the Petition for Special Relief. This hearing shall occur on the/'- 'fA. day of ""... /;;:./, ......... , 2000 at 3': 36 o'clock A.M., in Courtroom No. I of the Cumberland County Courthouse, Carlisle, Pennsylvania, BY THE COURT, 1. sley Oler, Jr. c.~ {fJoil /()-J/-QO I\XS cc: James J. Kayer, Esquire Attorney for Plaintiff David Green, Esq. Attorney for Defendant .~)1~ /0#6/66 A.U J. I i ..~ j .. , , ", !\ - ~~~~ ~ I ~ "1IIP_"",,-"~I.tmrJrrmllJ!lll F:U~D-O;T18E OF T~'~: i,"').';i';.<C>;C)T/\RY 00 OCT II Ail II: 17 CUMI:JE,:liJ",j[i COUi\]TY PENNSYLVJoNiA '. _'"1~~II, _^ .~-~ '. -.' '-, "" "'-,~ ,,-'-'"'~~"'.~ Il~.i\t:':"1~~~""~;,:'I-J,,~"~{$~'~J~?&i8~~~w...~1ili:I,,,"ijl"!!~L..<li , ,_ ~,' -"~ - ~, . . KERWOODL. WEAVER, PlaintifflRespondent : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2000-3628 CIVIL TERM : CIVIL ACTION - LAW ESTHER WEAVER, DefendantJPetitioner : 1N CUSTODY EMERGENCY PETITION FOR SPECIAL RELIEF COMES NOW, the Defendant, Esther Weaver, by and through her attorney, James J. Kayer, Esquire, and who files the Emergency Petition for Special Relief stating: 1. The Petitioner, Esther Weaver, is an adult individual residing at 343 Medford Avenue, Deltona Florida. 2. The Respondent, Kerwood L. Weaver, is an adult individual who until recently resided at 611 Burgners Road, Carlisle, Cumberland County, Pennsylvania. 3, The Respondent is the father of Misty Nicole Weaver, born July 29, 1989, 4. The Petitioner is the Paternal Grandmother of Misty Nichole Weaver. 5. This Honorable Court has entered a Custody Order which confirms that the parties share legal custody of Misty Nicole Weaver, with the father enjoying primary physical custody of the child and the paternal grandmother enjoying periods of partial physical custody of the child. A copy of this Order is attached hereto and incorporated herein as Exhibit" A". 6. Father's residence at 611 Burgners Road was sold causing him to relocate. Father has allegedly relocated to a residence at an unknown address in the Newville/Carlisle are, 7. Paragraph 5 of the parties August 2, 2000 Court Order requires both parties to keep the other advised with respect to their current address and telephone number. The father has failed to abide by this provision. 8. The Petitioner contacted the child at her school to determine if she was well and to attempt to determine where she was living since the relocation. The child reported to her grandmother that she does not know the address of the home she is residing at, but that it is a two (2) bedroom home with .- -,- '-'-- -,- " , .. approximately 15 people residing within it. 9. The Petitioner has maintained regular contact with the child's school principal and learning support teacher. She has detennined from the principal that the child has been absent four (4) days since school commenced on August 28,2000 and that two (2) of those days were unexcused. The Learning Support teacher has expressed her concern regarding the child's absenteeism as well as the fact that she is not consistently given her medication for ADD as prescribed by the child's physician. 10. The child's learning difficulties regarding her retention of knowledge are so severe that she required additional classes and attention during the summer. The father was only able to get the child to half of those required sessions. II. The Petitioner believes and therefore avers that the increasingly chaotic situation within father's home has been significantly detrimental to the well being and best interest of the child. 12. The Respondent at various times has threatened to remove the child from the Commonwealth of Pennsylvania to an undisclosed location and has attempted to limit the telephone access that the grandmother enjoys with the child in violation of the Court's August 2, 2000 Order. WHEREFORE, the Petitioner requests this Honorable Court to grant schedule a hearing as soon as practicable to address the issues raised within this Petition for Special Relief and to detennine whether it is in the child's best interest to remain in the primarily physical custody of the Respondent. Respectfully submitted, KA YER & BROWN Date: [0 (if I tJeJ '" ~ ,- ~ J.. JL,-_ [ RECEIVED 03/16 22:07 1901 AT Q076682781 Sent By:" Kayer and BrowN; POSE 2, (PRINTED PASE 2)] 2430948; . . Sep-28-00 1 :51PM; Page 2/2 VERIFICATION OF PLEADINGS The foregoing de ClIlnent is based upon infom1atian which has been gathered by my counsel and myself in the prepa:atioll of this action. The language of the document may, in part, be the language of my counsel and not my 0\\'11. I have read the statements made in this document and to the extcnt that it is based upon information whieh I have given to my counsel, it is true and correct to the best of my knowledge:, information Mlrl belief To the extent that the contents of the statements are that orea.lllse!, I have relied upon eollnscl in making this Verification. I understand that false statements he 'ein are made subject to the penailks of 18 P A. C.S. ~ 4904, relating to unsworn falsification to authorities. Date: Y-;?6-o(J ~~ .... . ...- ' . . . . . JUl31 200ctP v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KERWOODL. WEAVER, Plaintiff ESTHER WEAVER, Defendant NO. 2000 - 3628 CIVIL IN CUSTODY COURT ORDER AND NOW, this .::;>,vcLday of {LOU5'+-, 2000, upon consideration of the attached Custody Conciliation Report, it is ordered ~as follows: I. The Father, Kerwood L. Weaver, and the Paternal Grandmother, Esther Weaver, ektl}!2~~tii:~i1~@sJ2Bi:Bf~MI~1!~'j~~~Yffi:l)o~IDy]f9.;'r.~~l 2. The Father shall enjoy primary physical custody of the minor child. 3. The Paternal Grandmother shall enjoy periods of physical custody of the minor child as follows: A. When the Grandmother is in the Carlisle area and gives Father notice in advance, the Grandmother may exercise custody during the time she is in the Carlisle area which custody shall be unsupervised on a condition that she tells the Father where she is residing in Carlisle and gives Father a phone number. B. For the remainder of the summer for the year 2000, Maternal Grandmother may exercise physical custody with Misty until one week before school begins. C. Absent an agreement between the parties to the contrary, for the summer of the year 2001 and thereafter, the Paternal Grandmother shall have physical custody of Misty from a point starting three (3) days after she is released from school until when Father starts his two (2) week vacation. Misty shall be returned to Father for his two week vacation in the summer. Upon conclusion of Father's two week vacation, Misty shall again be in the custody of the Paternal Grandmother until one week before Misty will start school. 4. The Paternal Grandmother shall enjoy reasonable telephone contact with Misty which shall include at a minimum three unmonitored phone calls each week. When Misty is in the custody of the Paternal Grandmother, Father shall enjoy similar telephone contact privileges.----~..------ E XIII '0 l-t- " A-'l ~ " Jc,! .. 5. Both parties shall keep the other party advised with respect to their current address and phone number. 6. The parties shall share transportation costs in connection with exchange of visitation. Absent an agreement otherwise, the non-custodial party shall be responsible for making arrangements to either pick up the child or travel arrangements for the child to be delivered to them to start their period of custody. 7. The parties may modify this Order by any agreement they may reach between themselves. Absent any agreement, this Order shall control. In the event the parties desire to modify this Order, either party may petition the Court to have the ca~e again scheduled for a Conference with the Custody Conciliator. BY THE COURT, A~(-/ )OA~() IL J/1 1. J esley Oler, cc: James Kayer, Esquire David Greene, Esquire TAVecoPY FROM RECORD In r~y whereof, I here u/UQ set my hand and.. tPe.. .A'!'Jl. W ~ ~.. .. Co<liIle. Pa ~--1= day~ =1;i;. '- n......o_ . ". ~ "-./;-.,,,~ ~ -- , ' . ' . . . KERWOOD L. WEAVER, Plaintiff v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA CIVIL ACTION - LAW ESTHER WEAVER, Defendant NO. 2000 - 3628 CIVIL IN CUSTODY Prior Judge: J. Wesley Oler, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY. CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Misty Nicole Weaver, born July 29, 1989. 2. A Conciliation Conference was held on July 28, 2000, with the following individuals in attendance: The Father, Kerwood L. Weaver; with his counsel, David Greene, Esquire; and the Paternal Grandmother, Esther Weaver, with her counsel, James Kayer, Esquire. 3. The parties agree to the entry of an order in the form as attached. ~ J l?/ ()D DATE .~ ~ ,'-" ~~ ~ . , ' . . CERTIFICATE OF SERVICE I hereby certify that a true copy of the foregoing EMERGENCY PETITION FOR SPECIAL RELIEF was served on the following persons by Via Facsimile and First-class mail, postage prepaid, by forwarding a true and correct copy unto: David Green, Esq. 28 South Pitt Street Carlisle P A Date 16/1f/()CJ , , "' - '~ ,", -' --,,-'-~,,'-- -- , .,. J.'- ,_ ~ KERWOOD L. WEAVER,: Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW ESTHER WEAVER, Defendant NO. 00-3628 CIVIL TERM ORDER OF COURT AND NOW, this 12th day of October, 2000, upon agreement of counsel, the hearing previously scheduled in this matter for October 16, 2000, is rescheduled to Friday, October 20, 2000, at 1:30 p.m., in Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, J. James J. Kayer, Esq. Attorney for Plaintiff :rc t . 00 _n'# 0' \ g.~ or \ ~ David Greene, Esq. Attorney for Defendant ~ .. " 1!l!II1~~_ll,.,..,." rr1fl "" ^." "._)T,I\PY (',(" O_r-'r ~ ') Ftl 2~ S 2 ~..J !', J .1 '.~' i .... .,"'< [NTV C"'I \1';:"":_\-:;":: 1:_,\"J :..)Jl.l\i I ,.Il...I,lil~~\-' ,,-. ~ . " "'I"V\' "'Y' V}\N"A i'"'Ci'\ ''l'~; 1-.; q " " "~ ". '. ,",.,~ ,'"C'- _-"_~~~ .._~, _ ,_ ~1!'Y~Pi~4J-~ ~ " .,~".~,~ "'- ."-~,," ;-<~ ~', , . ''"' ~ "-C"'. KERWOOD L. WEAVER PLAINTIFF V. ESTHER WEAVER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA 00-3628 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, Jnne 06, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, June 28, 2001 at 8:30 a.m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to defme and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special R.elief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Isl Hubert X. Gilroy. Esq.tP Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court, You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~ "" =~,II!Ill!f" .~ J-/;l()! I> ./;).,1/ tiJ..-~/ .. .~ - -"~ "-,. ~. ~ ,= '-if FjU~l}..tJ)::F;CE .- ....0." ,- \'~-I\RY . ! ':' '! :-~~); ,:..):" 01 JUN 12 PH 2: 57 CUMBi::P.LAi+J COUNTY PENNSYLV,~IA w&w~~4~ ~ ~<h 4K"~ . t~~~ff~#- . _ ,~~~ U R.I."",.", ~, ,~_" .,-;, ,," "'~~~!!''''!'!'-~f!I""",Wlfllli'i'''!W:'l'l>,~",'lW__~IfilI~~~li!f'!!:~I~ --. ~~. ~' KERWOOD L. WEAVER, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-3628 CIVIL TERM ESTHER WEAVER, Defendant : CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW, this day of , 2001, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective " 'I counsel appear before , Esq., the Conciliator, at on the day of 2001, at ,M., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues .in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a temporary order. Failure to appear at the Conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 II 1__ ,,,'.-, . ,'~,-'",-~",.,- ~; KERWOOD L. WEAVER, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-3628 CIVIL TERM ESTHER WEAVER, Defendant : CIVIL ACTION - CUSTODY PETITION TO MODIFY CUSTODY ORDER 1. Plaintiff is Kerwood L. Weaver, an adult individual whose residence is at P.O. Box 1281, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Esther Weaver, an adult individual whose residence is at 343 Medford Avenue, Deltona, Florida. 3. Plaintiff seeks custody of child Misty Nicole Weaver, born July 29,1989. 4. By Order of Court of Common Pleas of Cumberland County, dated October 20, 2000, custody during the 2000-2001 academic school year was with Defendant, subject to periods of temporary custody with father. A copy of said order is attached hereto and incorporated herein. 5. Paragraph 9 of said Order states, " At the termination of the 2000-2001 academic school year, the parties agree to meet for a conciliation conference regarding the future of physical custody arrangement of Misty Nicole Weaver. 6. The academic school year for 2000-2001 was completed on or about May 22,2001. WHEREFORE, Plaintiff requests that a custody conciliation be scheduled immediately in accordance with the Courts order of October 20, 2000. 4P1/;1 Date' Respectfully Submitted TURO LAW OFFICES ;;? Robert J. ul erig, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff II - - , VERIFICATION I verify that the statements made in the foregoing Petition to Modify Custody Order are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. 5h~),1 Date ~~-- Kerwood L. Weaver II ~ '., , " ". CERTIFICATE OF SERVICE "__ - I lJaii.klllik! ", I hereby certify that I served a true and correct copy of the Petition to Modify, Custody Order upon James J. Kayer, Esquire, by depositing same in the United States Mail, first class, postage pre-paid on the:;?, (ffi day of 1111,( , 2001, from Carlisle, Pennsylvania, addressed as follows: James J. Kayer, Esquire Kayer & Brown 4 Liberty Avenue Carlisle, PA 17013 TURO LAW OFFICES Robert J. ulderig, Esquir 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff II - } . '-"'-~ ",.. ~----",-,,,,,,,,..",,,, il.blli!ilt.tiiuillb:. -.^ ~"r<'~~ _-",_>,"F."",o _'t_ '1" T" ~.,o~- -~'j~~IJl!..ir2tfu,imij: ,,, "'..- ," -~ -~ ,. ", -'" ." """k' ,.-"- 1- l~ ,~ "'- ~ ~ I#Jt . ~ , 6 .~ 5l.. " D "- >-.. ~ ):- ~ " ~~ -.~, , , ~i~: ~ l::~' ,,_ r"":J i;~~ "::-'1 -<. ..---~,." () c:: " . ^'^ """, I I I ! i (::) ~'r; " ", -'i,~n ;..." ;>'-.) Ci ~(-:J ,.)".1_, ...0 ,_~ " - ~ - I, -~J0 ~=--;rn ~73 SJ -< 0,) o (.~ ~ KERWOOD L. WEAVER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 00-3628 CIVIL ACTION LAW ESTHER WEAVER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, Jnly 24, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. at 4th Floor, Cumberlaud County Courthouse, Carlisle on Thnrsday, Au~ust 31, 2006 , the conciliator, at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief Clrders, and Custody orders to the conciliator 48 hours prior to scheduled hearin~. FOR THE COURT. By: Isl Hubert X Gilro Es Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infonnation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VE AN A TTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 170 I 3 Telephone (717) 249-3166 "'W' 1~ _"c - - ~ ___, __ ,. ~ ,.c ' 0_ . ..,,~. _...,',,~..,"~_,,--~,. "",".,,,,'C".-.''';:_,.--,'>O_c_,,__",,, ',' .",,",,'."'" "~'~"'''''-,I;''"-b,,;''';;e~;(~',,,: it:; :2:.( F(j 2: ~jU 7-;;. If-or.. /<d-.1'-Or;, ? Olcr-tJ(; I !,""^ ,"",". ',' ..""",II!l!l"" "-"""'~'"~"~'''''" -~ '. I ed- ~~ ~ ~ ~~~#'f' ~~~-#-~ ~ ',. ,,, .."" ~~~~~ -'~".~~~lJ,.~,"",,,,,_,,,,, _' ;,jIl ,.r' " .~ ,_ _" I _, ,,~ " ,~, ^ J-e ,~~ " ~ .. 1"'J:'::CEIVJf:CD fy In The Court Of Common Pleas Of Cumberland County, Pennsylvania JUL I 7 Z006 BY: ""kt.- 6 Kerwood L Weaver, Plaintiff Case no:20<P-3628 Civil Term Civil Action - Law vs, Esther Weaver, Defendant Custody Custody Order AND NOW, this day of 2006, upon consideration ofthe within stipulated Custody Agreement IT IS HEREBY ORDERED AND DECREED THAT: 1. I Kerwood L Weaver, shall have Residential, Primary Physical custody of the minor chid, Misty N Weaver_ 2. The minor child Misty Weaver shall use Kerwood L Weaver's address as a permanent address_ 3. Father is asking that the child, Misty N Weaver remain in his custody and care until she is capable due to her disability of making responsible decisions on her own. 4. The Grandmother, Esther Weaver is entitled to exercise unlimited liberal visitation as mutually agreed on by the father, Kerwood L Weaver. -<0+"'"" """'-""<'1,- _'" ;,;.; ,,:-, ,-.','~ .:. -, ':;..:':1'. ,i .. , '~"1 f, .. 5.The parties are encouraged to accommodate the reasonable request of the other party for alternations and any agreed upon schedule as the circumstances and the best interest of the child is required. 6. Any modifications or waver of any of the provisions of this agreement shall be effective only if made in writing and only if excluded with the same formality as the stipulation and agreement. BY THE COURT, "'11....',',,:;, , -~".,~. 0' i.. '<' "",~_ . L'_"'~ ,~j';'d-;.,.V-kk.':U -,- \:.~'.:: - . , In The Court Of Common Pleas Of Cumberland County, Pennsylvania Kerwood L Weaver, Plaintiff Case no:200-3628 Civil Term Civil Action - Law vs, Esther Weaver, Defendant Custody Petition Custody Petition AND NOW, this 14th day of July 2006, I Kerwood L Weaver, shall have Residential, Primary Physical custody of the minor chid, Misty N Weaver. The minor child shall use Kerwood L Weaver's address as a permanent address. Father is asking that the child, Misty N Weaver remain in his custody and care until she is capable due to her disability of making responsible decisions on her own. The Grandmother, Esther Weaver is entitled to exercise unlimited liberal visitation as mutually agreed on by the father, Kerwood L Weaver. 1- /'-/-OG ~~ ~ , "~ .. , ',,-"-' , ., ~- ,'.', ,_" ' .' _', ~,1-'""" ' ., " Dear Judge Wesley Oler, My name is Kenvood L Weaver, I am petitioning the courts for custody of my mentally retarted minor child Misty Weaver. I am currently residing at 24 Betty Nelson Ct Lot 7 A with my minor child since January 6th, 2006, due to an incident involving my minor child Esther Weaver and Elwood Weaver. While under the care of Esther Weaver my daughter Misty Weaver was molested by her Grandfather, Elwood Weaver who is currently married to Esther Weaver, who shares custody with me. Misty is not allowed to have any contact with Elwood at all. Esther has met with him with Misty in the vehicle knowing that she is not to have contact. She is also contesting a divorce which means for the next 2 years she will have contact with him. (For fmancial reasons) She is currently under a foreclosure of their home and will take Misty where? Esther remained in the house 5 months after the incident, And now due to Elwood leaving she is threatening to take Misty for fmancial reasons. As it stands currently Esther Weaver has Primary physical custody of Misty W eaver ~d can remove her from my home at any time, And there is nothing I can do. As far as her mother is concerned her custody right were terminated due to neglect. Misty is currently trying to rebuild her relationship with her mother under supervision of myself. I am 40 years old now and well established enough to take care of my responsibilities. I have currently been with the same job title for 5 years. I am in the process of buying my own home. My mother has done nothing but fight me on this matter for 16 years. I feel she had her chance and blew it! In all do respect I am asking you that you terminate Esther Weavers custody, not visitation just custody and control. I feel that I am very capable of taking care of my daughter. Sincerly, ~6~ / -;4 -{)(P S'" ' .... 1 2 3 4 5 6 :;; <0 7 ~ 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24. 25 11:__ r IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL ~!STRICT OF PENNSYLVANIA FRANKLIN CbtrNTY BRANCH In the Interest of: JUVENILE COURT DIVISION Misty Weaver J0255, 1996 ORDER OF COURT February 23, 1998, after hearing the evidence, the Court finds that Misty Weaver has been living with Kerrwood Weaver and his mother, E~r, and things have been going well. Upon recommendation of the Franklin County Children and Youth Services, the Court is going to find that Misty is no long dependent and that she be placed permanently in the care, custody and control of her father, Kerrfiood Weaver, and his mother, EstlBr. THE COURT 'FURTHER ORDERS THAT Franklin County Children and Youth shall provide protective services for Misty, and the ,Court means by that that they shall check in once a month with Estler and Kerrwood by phone. If at any time there are problems, either Estler or Kerrwood could contact Children and Youth;:._ THE COURT FURTHER ORDERS THAT if Kerrwood leaves the State of Pennsylvania, he should give Children and Youth and his mother, Estler, at least 72 hours notice before he would attempt to remove Misty from the State of Pennsylvania. .J. . ~. ,{O _L= h~. , L_ .~. "- (~ ^ I " APR 23 200 'j) I , . 1 rETERJ. RUSSO, ESQUIRE 5010 EAST TRINDLE ROAD, SUITE 200 MECHANICSBURG, PA 17050 ' Attorney for Defendant Il"(TI;I.J,J{CPURT OF COMMON PLEAS.Ol!' ClJ.l\:IB,E~AND COUNTY,PENNSYL V ANIA KERWOOD L. WEAVER, o Case No.: 200-3628 CIVIL TERM ;jC;,;;;;",;;,::,\;,,:;'l!{~il1u.b,~"'-' ~ "-"",,,' ., -. - - ~fk:io~.'", . vs. CIVIL ACTION - LAW ESTHER WEAVER, Defendant CUSTODY CUSTODYOJIDE& ' ANDNOW,this-4..!-dayof rJ._()-il Q consideration of the withip.J~j;iPul!lcteci9ust9,fly Agreement, n' ISlIEREWORDERED.~DJt'CREED.THAT: 2002, upon -;.. --l W"""'-'-'- '~-, _,,,,,~~O,,,",,,_,-=: .~.,>,_._".,,~_"_..,...; 1) The parties shall share legal custody of the minor child, MISTY WEAVER. 2) EstherW~awr ~have primary physwalcustody of the minor child. 3) ", Themin9r child shall use ES,ther Weaver' sad~ssJor em:ollmentw school. ; 4) The Father shall be entitled t9 liberal visitation as mutually agreed upon by the parties, which at a minimum shall consist of: -I 5010 EAST TRlNDLE ROAD, SUITE 200 MECHANICSBURG, PA 17050 -~,,~~~,; - ,---ow iUI'lP"" .. , " ."-'-- .~" <"- '" . ' a) D~itlleschool year, alternating weekellds..coffilllencing after school on FridaY1Jl1ti! Father's delivery of the child to school on Monday morning. b) During the sJ;llpIllerm~pths,alternating weekends commencing as early as Father can picktlle child IlP after work until Monday morning, at a tirneagreed upon by the parties. 5) The parties also agree to alternate the following holidays: c~~c.New '(e,?rs Day. '-'i)<::t'~:f~-":' ':,,':~:"-' "..,-- b) Memorial OaY c) 41\' of July d) Labor OilY e) Th~giving 6) Christmas shall be dividedas.follows: a) Inod.dnumber years, Fatller sfuUlh!lve December 24th at 12:00 noon until 12:00 noon on Decelll.ber 25!h. b) In even nuro,ber Years, EStller Weaver sWUI have Decem~r 24!hat l2:Q!l !loonlUlti!1~.v.&9n on December 25"', The parties shall permit reaSooabIetelephone accesstofuechild whlTethecliildism" i -"._,~.,,,.,,......,..;= 7) the other's custody. 8) The parties are encouraged to accommodate the reasonable requests of the other party for alternations of any agreed upon schedule, as the circumstances and best interests of the child required. -2 5010 EASTTRINDLE ROAD, SUITE 200 W3CHANICSBURG, PA 17050 ~:~\:"'" ' ;t;i""~'~'i'; ~'-c "'''r[" _.__.~--~-:---^-----;~ - _,-,-'~,':, _."~ '.-'~ :.,_",,,'~'O . ,,'-," " " ~' - ". ~ -"-': . . '-', ,( 9) If either party hereto breaches any of the provisions of this Agreement, the other p shall have the right to bring l\IlY actions or actions in laworequity for such breach. to) Neither party shall do anything which may estrange the child from the other, or injure the opinion of the child as to the other party, or which may hamper the free and natural development of the child's love Or affection forthe6ther party. 11). .,Any modification or waiver of any of. theprovlsions of this Agreement shall be effective only if made in writing and only if executed with the same formality as this ..,5ii;1jPllJ(l.~~Agr~ll'l~;- ~_~" _"."..,.-,-c--,..___..~___ '-,---.-~,_~"~___",,_ ---.-=-.-=~-"-.",.c:__:__o_:_?::r., tZ) The parties desire that this Stipulation and Agreement be made an Order of Court to the Court of Common Pleas of Cumberland County does, in fact have jurisdiction over the issue of custody of the parties' minor child and shall retain such jurisdiction should circumstances change and either party desire or require modification of said Order. B) The parties agree that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfairdealingo!l;~~ofthe other. 14) The parties acknowledge that they have read anduriderstand the provisions of this Agreement. Each part)' acknowledges that the Agreement i$fair andequitlJble lUld that itis notthe result of arty d@ss6rund1i!I'!;~ce;. ".,,"."'"1-:<'_.-'.'-""'--'-0"->- - ,,~n'..~.. "....."."""",;.:.~-~W"<__ ....- .".-- -,-".,,- """'"_"C"':~-- , -3 ..IO.EAST TRIND~E ROAD, SUITE 200 .CHANKSBURG, PA 17050 ........ ~..,+.~- _",;~~,_~_._",ic:: J,,< ii,"o"',i;;;.~. I . I:lli'~ ' .,~ ',' '!lll_~oiP' ~~"'~"',,~ FILI31J OFF>ICt; or THe jJ~O<J07"lfey /'I.J"-kr '0& f!../.irnb (b Aq , 61<t5 ~ ~ ~ '" , - -'~ , ,~~. o , ,'~ 'he'.,,' . ,. ." "w , __, ~ 1'0 ... ~" '"","' ~~;p ~ t <j ~ ..;t ~ ~ .= J ~_ '" .. IT KERWOOD L. WEAVER Plaintiff CEIVED SEP 0, 1 2006 BY: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA '!"-' "\ 0/ V. : NO. 2000-3628 CIVIL ACTION - LAW ESTHER WEAVER, -Defendant : IN CUSTODY ORDER OF COURT AND NOW, this ~ day of S ~~ t. , 2006, upon consideration of the attached Custody Conciliation eport, it is ordered and directed as follows: 1. and effect. The prior Order of Court dated April 21, 2002 shall remain in full force 2. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, U/~/qf J. cc: Kerwood L. Weaver, pro se 24 Betty Nelson Court Lot 7A _ Carlisle,PAI7013 . ~ '1-07-0l. Lauren Navalkowsky, certified legal intern, Counsel for p~ grandmother ~ Anne MacDonald-Fox, Esquire, Family Law Clinic ',,-, - -~" , >- a: 0< 1-- lUg ~~: ~~~ Or=: r C) o-d:. ==r w_ 0:: lU f!= u. o ~.=- ~ -- ^~.. ~. L.":l ('oJ :;::: Cl- l- I C'~. Lt...! U> o,p = = "..... -J .e:::: -, c5 , . ~ ~', "" 0.. <. ~-" _ ~'i:..-,,~,- "0'.0' - ",~ ., . ,~"- - '" ~.. ,- --"~ ~~ - " ...... ~ - "",-,_'. -'M .1; .1"'-0 ,,\ KERWOOD L. WEAVER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 2000-3628 CIVIL ACTION - LAW ESTHER WEAVER, Defendant : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject ofthis litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF MistyN. Weaver July 29, 1989 Paternal Grandmother 2. A Conciliation Conference was held in this matter on August 31, 2006, with the following individuals in attendance: The Father, Kerwood 1. Weaver, pro se and the paternal Grandmother, Esther Weaver with her counsel, Lauren Navalkowsky, certified legal intern and Anne MacDonald-Fox, Esquire, Family Law Clinic. 3. A prior Order of Court dated Apri121, 2002 was entered by the Honorable 1. Wesley Oler, Jr., providing for shared legal custody, paternal Grandmother having primary physical custody with Father having liberal visitation as agreed by the parties. 4. The parties agreed to the entry of an Order in the form as attached. q -I -0 ~ Date ~e~:~~ Custody Conciliator . to' KERWOOD L. WEAVER,: Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW ESTHER WEAVER, Defendant NO. 00-3628 CIVIL TERM ORDER OF COURT AND NOW, this 4th day of March, 2002, upon consideration of the attached letter from Nancy Marzullo, which will be treated as a Notice of Intervention and Petition To Modify Custody, this matter is referred to the custody conciliation process. The Court Administrator is requested to facilitate the scheduling of this matter. BY THE COURT, ~rt J. Mulderig, Esq. 28 South Pitt Street Carlisle, P A 17013 Attorney for Plaintiff /'Peter J. Russo, Esq. 5010 E. Trindle Road Mechanicsburg, PA 17050 Attorney for Defendant ~ancy Marzullo 23 I E. Washington Street Chambersburg, PAl 720 1 Petitioner, Pro Se Court Administrator -~ecV :> t crp l eS 1f)i\) J 0.3.0~ -o:;..l ~5 () ('":~ <;; r....;:. .....:.,., :"C ~ ~~~ ~~:; ~.....-.-, 7".'~ I ". ".1:",'''. Q;~-~: tC'--" 2':0 .c," C1 ~C:. Z. ::2. :rc -0 ::.f. C.., -;.\ .___l .(! -i-. - ~~j~ ~) 'i? 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CIVIL ACTION - LAW ESTHER WEAVER, Defendant NO. 00-3628 CIVIL TERM ORDER OF COURT AND NOW, this 4th day of March, 2002, upon consideration of the attached letter from Nancy Marzullo, whi9h will be treated as a Notice of Intervention and Petition To Modify Custody, this matter is referred to the custody conciliation process. The Court Administrator is requested to facilitate the scheduling of this matter. BY THE COURT, //7; / ("J Robert J. Mulderig, Esq. 28 South Pitt Street Carlisle, PA 17013 Attorney for Plaintiff Peter J. Russo, Esq. 5010 E. Trindle Road Mechanicsburg, PAl 7050 Attorney for Defendant Nancy Marzullo 231 E. Washington Street Chambersburg, PA 17201 Petitioner, Pro Se ~rt Administrator :rc ..... -.. , . .... .. 0 ~4i' 3<d>>S _,;J~.. ~V~ZrL~~, . ..@;)boa ..... --:;i~'~~ib~~~~~' .. -J'c1~ ,....._,flbLJ1dQl__m'... .. . .~. _.I:~~~~~ _.. ....... _n__~1~- ...,~4 ~tr 1'1n.iw/4~~~+ .~ . ~"""- ~ ~~. ~.. ... .,~tJ:#~..~. ~. 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'.. . . . . . ,. n.- ~._m_" ~.~ n~ nu-.~ -=~= -- rJ:t;t~~4--;_=~~ . ..-~1!L~u -- -- - -----------.--------.--- -- ... . ---.. -- ------ .".---.-. .,.....--..---..---.--.-.-.-- - ------'--...--.----------------.--.--.---.------------...------._----_.~-----~------- _.. ___"'________'_ ______._. __On. .._.___...__~_.___.._____. ,. ......_____'____.._________._____________..__.__.__________.._ '__._._____.______.________~ ______..,.___.._._,.__.___..__l___.__.___.__...._____..__.__.______._..__, ..._"._.____~___,_...___...___~_______,___~~___..___~_______'__ i ..,--.--------.. ._._-_..+._.._-......_---_...._,.._._--..._------_._--~--~---_..,---~_.._--_._._~----~-~~"---_.._-----_. I . .,~........ ...m.-..'t...,-.-....-..,...--..-,...~~--.--.m.~'m---__n_..nu,_____ ..m~"._.--..-____m"_+__nnm.n... . i r , KERWOOD L. WEAVER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 00-3628 CIVIL ACTION LAW ESTIffiR WEAVER DEFENDANT IN CUSTODY ORDER OF COllRT AND NOW, Friday, March 08, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, March 22, 2002 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and aU existing Protection from Abuse orders, Special ReHef orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR TIlE COURT, By: IsJ Hubert X. GilroJl. Esq. ~ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE TIllS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VB AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE OFFICE SET FORTIl BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 VINVi\lASNN3d AlNnm (I~!\nw.38Wm 01 :01 ~r:J 8" CVW ZO Ab'V.LU:'-lGi -:Lj~_;.~; 38:.:1J()<J::J~;j:; PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KERWOOD L. WEAVER v. 00-3628 CIVIL ACTION LAW ESTHER WEAVER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, March 08, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective cOlIDsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, March 22, 2002 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grolIDds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and aU existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Isl Hubert X. Gilro.y. Esq. ~^ Custody Conciliator The Court of Common Pleas of Cumberland COlIDty is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KERWOOD L. WEAVER V. 00-3628 CIVIL ACTION LAW ESlHER WEAVER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, March 08, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, CarUsle on Friday, March 22, 2002 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also'be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Isl Hubert X. Gilroy. Esq. ~ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VB AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KERWOOD L. WEAVER v. 00-3628 CIVIL ACTION LAW ESTHER WEAVER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, March 08, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, March 22, 2002 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and aU existing Protection from Abuse orders, Special Relief orders, and Custody orders to the couciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilro:y. Esq. ~ Custody Conciliator \ The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VB AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~ . KERWOOD L. WEAVER,: Plaintiff v. ESTHER WEAVER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW NO. 00-3628 CIVIL TERM AMENDING ORDER OF COURT AND NOW, this 11 th day of March, 2002, upon consideration of the letter attached to the Court's order dated March 4, 2002, and upon relation of the Prothonotary's Office that a $50.00 fee is applicable to a referral to the custody conciliation process, the order of court dated March 4, 2002, is amended by the addition of this paragraph: INTERVENOR Nancy Marzullo shall be responsible for payment of the fee for the custody conciliation process. In the event that this fee is not paid within 30 days of March 11, 2002, the notice of intervention shall be deemed moot for purposes of further action by the court at this time. ~ert J. Mulderig, Esq. 28 South Pitt Street Carlisle, P A 17013 Attorney for Plaintiff ~ter J. Russo, Esq. 5010 E. Trindle Road Mechanicsburg, PA 17050 Attorney for Defendant BY THE COURT, c~, 1"':' o ~~ , . :\i . . ___ -T~ -o~.:. rn.. . ",,?-..., ~/i:,' ~c: ;:'" () Z,-" 5'~' '-.. ~ _J r0 ) L~ fil~ 03 -/3 -O~ l'RX's :;-..... :JJ:: '"P. 0- f'" . ~ ~~ Marzullo 231 E. Washington Street Chambersburg, P A 17201 Petitioner, Pro Se Court Administrator -Jz~~ 3 -//-oa-A-(.J :rc " APR 2 3 Z 2) . ,,' . PETER J. RUSSO, ESQUIRE 5010 EAST TRINDLE ROAD, SUITE 200 MECHANICSBURG, P A 17050 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KERWOOD L. WEAVER, Case No.: 20oe628 CIVIL TERM Plaintiff, vs. CIVIL ACTION - LAW ESTHER WEAVER, Defendant CUSTODY CUSTODY ORDER AND NOW, this ~ day of n..-f1i;- Q consideration of the within Stipulated Custody Agreement, 2002, upon IT IS HEREBY ORDERED AND DECREED THAT: 1) The parties shall share legal custody of the minor child, MISTY WEAVER. 2) Esther Weaver shall have primary physical custody of the minor child. 3) The minor child shall use Esther Weaver's address for enrollment in school. 4) The Father shall be entitled to liberal visitation as mutually agreed upon by the parties, which at a minimum shall consist of: -t 5010 EAST TRINDLE ROAD, SUITE 200 MECHANICSBURG, PA 17050 '.,; . \liNVA1ASNN3d }JNnQ:J (]f,1-l]t!=JBWna i I : II !,IV iJ Z ~dV ZO ~, a) During the school year, alternating weekends commencing after school on Friday until Father's delivery of the child to school on Monday morning. b) During the summer months, alternating weekends commencing as early as Father can pick the child up after work until Monday morning, at a time agreed upon by the parties. 5) The parties also agree to alternate the following holidays: a) New Years Day b) Memorial Day c) 4th of July d) Labor Day e) Thanksgiving 6) Christmas shall be divided as follows: a) In odd number years, Father shall have December 24th at 12:00 noon until 12:00 noon on December 25th. b) In even number years, Esther Weaver shall have December 24th at 12:00 noon until12:00 noon on December 25th. 7) The parties shall permit reasonable telephone access to the child while the child is in the other's custody. 8) The parties are encouraged to accommodate the reasonable requests of the other party for alternations of any agreed upon schedule, as the circumstances and best interests of the child required. -2 SOlO EAST TRINDLE ROAD, SUITE 200 MECHANICSBURG, PA 17050 . 9) If either party hereto breaches any of the provisions of this Agreement, the other party shall have the right to bring any actions or actions in law or equity for such breach. 10) Neither party shall do anything which may estrange the child from the other, or injure the opinion of the child as to the other party, or which may hamper the free and natural development of the child's love or affection for the other party. 11) Any modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and only if executed with the same formality as this Stipulation and Agreement. 12) The parties desire that this Stipulation and Agreement be made an Order of Court to the Court of Common Pleas of Cumberland County does, in fact have jurisdiction over the issue of custody of the parties' minor child and shall retain such jurisdiction should circumstances change and either party desire or require modification of said Order. 13) The parties agree that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other. 14) The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. . cWJ.. ~~;:tL ~'K.~ to " L \:, BY THE COURT, -3 5010 EAST TRINDLE ROAD, SUITE 200 MECHANICSBURG, PA 17050 ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KERWOOD L. WEAVER, Case No.: 200-3628 CIVIL TERM Plaintiff, vs. CIVIL ACTION - LAW ESTHER WEAVER, Defendant CUSTODY STIPULATED CUSTODY AGREEMENT AND NOW, COMES, the parties in the above-captioned matter, to wit, Kerwood 1. Weaver and Esther Weaver and request that the attached Order of Court be entered by the Court, by stipulation of the parties. NOW, THEREFORE, the parties hereto, each intending to be legally bound hereby, place their seal: ~,~ (J j,-~h'A- Kerwood 1. Weaver gUh J Esther Weaver /-U--t"~~ -" ./ v Date: ~/5; t!oOl. Date: 'Y- .;1.1 -0<:-. -4 5010 EAST TRlNDLE ROAD, SUITE 200 MECHANICSBURG, PA 17050 ... , . COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND On this, the .d..L day of ~..: .1 , 2002, before me, a Notary Public, personally appeared Kerwood L. Weaver and in due form oflaw'acknowledged the foregoing Custody Agreement to be his act and deed, and desired that the same might be recorded as such. Sworn to and subscribed before me this .1l day of '-I ,2002. Notary Public 018 Seal r . Wilson, NOlary Public SI1Ippensburg Twp., Cumberland Counl My Commission Expires June 16, 2005 5010 EAST TRINDLE ROAD, SUITE 200 MECHANICSBURG, PA 17050 - ., COMMONWEALTH OF PENNSYLVANIA .. SS. COUNTY OF CUMBERLAND On this, the 4L day of o....p.A"; JL , 2002, before me, a Notary Public, personally appeared Esther Weaver and in due form of law acknowledged the foregoing Custody Agreement to be her act and deed, and desired that the same might be recorded as such. Sworn to and subscribed before rne this4 --.L day of '-1 ,2002. ~ Notary Public 5010 EAST TRINDLE ROAD, SUITE 200 MECHANICSBURG, PA 17050 ~ ' ::rr ~ ~~ f" :2:.- ~ ~ 'v:L ~ ~;o '" 0 ~g~ 5 9J ~ ~ r '< . J PETER J. RUSSO, ESQUIRE Supreme Court ID: 72897 5010 E. Trindle Road Suite 200 Mechanicsburg, PA 17050 (717) 591-1755 Attorney for Defendant v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000.3628 CIVIL CIVIL ACTION. LAW IN CUSTODY KERWOOD L. WEAVER Plaintiff ESTHER WEAVER, Defendant ENTRY OF APPEARANCE OF COUNSEL Kindly enter my appearance on behalf of Esther Weaver, Defendant in the above matter. ~~L Peter J. Russo 5010 E. Trindle Road Mechanicsburg, PA 17050 (717) 591-1755 Dated: 7h3JoI , . PETER J. RUSSO, ESQUIRE Supreme Court ID: 72897 5010 E. Trindle Road Suite 200 Mechanicsburg, PA 17050 (717) 591-1755 Attorney for Defendant KERWOOD L. WEAVER Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000.3628 CIVIL v. ESTHER WEAVER, Defendant CIVIL ACTION. LAW IN CUSTODY CERTIFICATE OF SERVICE I, Melissa M. Mehaffey, hereby certify that I am on this day serving a copy of the ENTRY OF APPEARANCE upon the person (s) and in the manner indicated below, service by First-Class Mail, Postage Prepaid, and Addressed as Follows: Robert J. Mulderlg, Esquire 32 S. Bedford Street Carlisle, PA 17013 Date: .:J.=J3 -0 1 ('") C ::':"~ S~Vl"; t.;~ ['- -', , .:-" !;::: = ,'r_ ,v ~y; '::-:i -< (:" ? I~ ...v /2' 1 {)~J 7}'~ ~ 7"-"17rJf D ~~f~ /2-,{J' l>k' M/v?~7 ;;, d.JJ --V~ ~6 /" at?' -ptJjU..J~1 'V j) ~-6 v~ ~ a/~~CJ.~ 1-fl ~~oJ wU rnllltd t;d ~, NE AND MACKIN ATTDRNEYS AT LAW '\ l' 1 f; UJ\ {7~c.. [, -t 'ttt; - If ~Z/)c- r pJ::~~'- :~'(;-_~ ~% * 1>~ frO s~ , 3300 TRINDLE RDAD :AMP HILL, PA 1701 1 ~44: ; MJKANE.JO@NETSCAPEwNE , SITEB.NETBCAPE.NET/KANEMACKIN MICHAEL .J. KANE CHAJlLE. P. MACKIN July 9,2001 Ron. J Wesley Oler, Jr. Court of Common Pleas Cumberland County Courthouse Carlisle, PA 17013 Re: Weaver v. Weaver No. 2000-3628 Civil-In Custody Dear Judge Oler, I received a notice of hearing set for August 9, 2001 at 1 :30 in this matter. I am writing to advise the court that I do not represent either of the parties. I was contacted by the Defendant about the case the day before a conciliation meeting took place. I then contacted Mr. James Kayer, who represented her in the matter previously, to gather information about the nature of the case, but did not enter an appearance and have not been retained. I assume that I was placed on the service list because I was in discussions with the Defendant at the time the conciliation took place. Thereafter, I advised Ms. Weaver that I would not be able to represent her and referred her to other counsel to discuss possible representation. Foll o~ ..Jf' fa :!.Lc.. -l leV ~tu c-J ") p yc .v ~ l c... - iI!. ~ L, ) ~ ~ r- I ~ ? J.:- 7 c0~:> !.~J..,~t,~ J- ~ 0 (-h ~&. p r,. .!:.C- Very truly yours, Kane and Mackin, LLP by: ~~~~ trator JUl I I 2001 \ , , \ \ \ \ \ \ " \ i \ \ \ \ \ \ \ \ ", \. \ \ .~ \. \ \ \. \ " , ... .. KERWOOD L. WEAVER, Plaintiff :IN THE COURT OF COMMON PLEASE OF : CUMBERLAND COUNTY, PENNSYLVANIA v. ; NO. 00- JGJ..8 CIVIL TERM : CIVIL ACTION - CUSTODY ESTHER WEAVER, Defendant AFFIDAVIT OF SERVICE I HEREBY CERTIFY THAT I served a true and correct copy of the Custody Complaint filed in the above captioned cases upon Esther Weaver, by certified mail, return receipt requested on June 19, 2000 addressed to: Esther Weaver 343 Medford Avenue Deltona, FL 32725 and did thereafter receive same as evidenced by the attached Post Office receipt card dated June 22, 2000. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT OF SERVICE ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, I UNDERSTAND THAT FALSE STATEMENTS HEREIN MADE ARE SUBJECT TO THE PENALTIES OF 18 PAC.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. TURO LAW OFFICES o!(2~ Dae ~~' Robert ulderig, Esq e 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff " Z 452 476 176 us Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do nol use for International Mall 'Sse CertiliodFee Special 0eIIwIy Fee _ Delvery Fee ~ Rolum Receipt Showing to ~ Whom & Data DeIlY8t8d 'Iii ReiJm Receiplllhowing ~ Whom, < DaIe,&__ I TOTAL Pos1ago & Fees $ 0 q E Pos1mIlk or Date ~ Ju..nL ,q, f).OOO .~ Ii NtlER: I oComplele-' oncUor' tor -_. I CampIeIelleml s; _,n 'lb. a'rinI yOl.I' namlr8nlt addreu on the nrverI8 oIlhiI form 10 thai we can return this -- a Mach "" foml to 1hI ffont of the 1'NIIIpIee, Of on the bM* tf IJ*8 doeI1'll3t J o~"'-___on",~-""_n"-, I 01llo__""""""lowhom ...---........... I , 0/10 wish to racelva the follow, '119 services (for an extra fee): a.. to: E~ wmvoc 34-3 flCDFDeD Ave . f)[LTDJJf/ J f:L &,Jld'S PS Form 3811, Decem__ .,~ fie Retum Receipt . I f I , . 1 J g ~ ~ .-{ :e-n .~~ N -.l ''0 i;) !C g~ - - - ~ N . s;- ... ~ . KERWOOD L. WEAVER, Plaintiff : IN THE COURT OF COMMON PLEASE OF : CUMBERLAND COUNTY, PENNSYLVANIA v. ESTHER WEAVER, Defendant : NO. 00-3628 CIVIL : CIVIL ACTION - CUSTODY ORDER AND NOW, this \5 r~ day of June, 2000, based upon the attached Petition for Special Relief it is hereby ORDERED that neither party may removed the child, Misty Nicole Weaver, born July 29, 1989, currently residing at 611 Burgners Road, Carlisle, Cumberland County, Pennsylvania, from the State of Pennsylvania pending the upcoming Custody Concilia!iof.. . J -lJ. / .(t 1 , l J A ~ i ~A.\rv(r oI11.~(. c..G3lt'luiliQ/) It..ll-S. c.J ~e.r w, t..c.. t.c Q J-t -t~c. .",: ~l.Iod. ~ ei(t.cJ' f~tl ,t Vl) fr....c.. pl'i Q..r-t.. 'ft.t<:. CoJ1/:.'III2.tl~ ((!lTl-tcJuu..<:... BY THE COURT, J. .. .' . . ; ., . .' .-W~ ~yY~~ ~ r~ ~~-/1J 'v'lNVAlASNN3d ~ JJ.NnOO Oi\''f1fBPI''IflO c'1 :8 Hd S I IJnf 00 t?O-~ 'l CO:.->!- 9 Al:i\tlU:";~"""" , :'0 \ .. II - .~ KERWOOD L. WEAVER, Plaintiff : IN THE COURT OF COMMON PLEASE OF : CUMBERLAND COUNTY, PENNSYLVANIA v. ESTHER WEAVER, Defendant : NO. 00-3628 CIVIL : CIVIL ACTION - CUSTODY PETITION FOR SPECIAL RELIEF NOW COMES the Plaintiff, Kerwood L . Weaver, by and through his Counsel, Robert J. Mulderig, and files this Petition for Special Relief stating: 1. Plaintiff is Kerwood L . Weaver, an adult individual who currently resides at 611 Burgners Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Esther Weaver, an adult individual who currently resides at 343 Medford Avenue, Deltona, Florida. 2. By Order of the Court of Common Pleas of the 39th Judicial District of Pennsylvania Franklin County Branch Juvenile Court Division, custody of the child, Misty Nicole Weaver, born July 29, 1989, currently residing at 611 Burgners Road, Carlisle, Cumberland County, Pennsylvania, was placed with the Plaintiff, Kerwood Weaver, her natural father and the Defendant, Esther Weaver, her paternal grandmother. A copy of the Order is attached hereto and incorporated herein as Exhibit A. 3. In February 1998, both Plaintiff and Defendant resided at 611 Burgners Road, Carlisle, Cumberland County, Pennsylvania. 4. On or about September 9,1999 Defendant moved to 343 Medford Avenue Deltona, Florida 5. The child, Misty Nicole Weaver, remained in the care and custody of the Plaintiff, Kerwood L. Weaver, her father, at 611 Burgners Road, Carlisle, Cumberland County, Pennsylvania. 6. The relationship of the Plaintiff to the child is that of natural father. 7. The relationship of the Defendant to the child is that of paternal grandmother. 8. On or about June 9, 2000, Defendant returned for a visit in Pennsylvania and attempted to remove the child from the State to return to her to Florida. - A' . - 9. On June 15, 2000, Plaintiff filed a custody complaint to the above caption. WHEREFORE, Plaintiff requests your Honorable Court to prohibit either party from removing the child from the State of Pennsylvania, pending such conciliation hearing. Respectfully Submitted TURO LAW OFFICES ~ IIdtJ Date loeng, Esquire 28 South itt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Kerwood L. Weaver . 1 2 3 4 ) 6 J 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24. 25 - , ~ IN THE COURT OF'COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT OF PENNSYLVANIA FRANKLIN COUNTY BRANCH In the Interest of: JUVENILE COURT DIVISION Misty Weaver J0255, 1996 ORDER OF COURT February 23, 1998, after hearing the evidence, the Court finds that Misty Weaver has been living with Kerrwood Weaver and his mother, E~r, and things have been going well. Upon recommendation of the Franklin County Children and Youth Services, the Court is going to find that Misty is no long dependent and that she be placed permanently in the care, custody and control of her father, Kerrwood Weaver, and his mother, E~r. THE COURT~URTHER ORDERS THAT Franklin County Children and Youth shall provide protective services for Misty, and the Court means by that that they shall check in once a month with Estler and Kerrwood by phone. If at any time there are problems, either Esth!r or Kerrwood could contact Children and Youth...._. THE COURT FURTHER ORDERS THAT if Kerrwood leaves the State of Pennsylvania, he should give Children and Youth and his mother, Esfter, at least 72 hours notice before he would attempt to remove Misty from the State of Pennsylvania. .J. .... , (") c: <: -rJfr; rnfl'r z::;:~ Zf' 0j}:: ~(:'-.-. J:..'>,-" ~-;.(-) :Pc: ~ c:': c.~ ,- c::; ,,.,,.- U'. ~","J :"J .:::::1 )~,... :>> -< ...J . ., -' ~ KERWOOD L. WEAVER, Plaintiff/Respondent: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW IN CUSTODY ESTHER WEAVER, Defendant/Petitioner: No. 00-3628 CIVIL TERM ORDER OF COURT AND NOW, this 20th day of October, 2000, upon consideration of Defendant's Emergency petition for Special Relief, and pursuant to an agreement reached in open court among the parties and their respective attorneys, David Green, Esquire, on behalf of the Plaintiff, and James J. Kayer, Esquire, on behalf of the Defendant, it is ordered and directed as follows: 1. The order of August 2, 2000, shall be vacated. 2. The parties shall share legal custody of the subject child, Misty Nicole Weaver, born July 29, 1989. 3. Physical custody of the child shall be as follows: a. Child shall reside with the paternal grandmother for the 2000-2001 academic school year in her residence in Florida. b. The father shall have physical custody at those times as the parties may agree in Florida, and a , 'V\N'lf\IJ..SNN3d JJNf'\O') Q\'S:f1\-l3B.V'l\\'J OZ 10 ~\'iI \ t. l.'JU 00 ~iNl.O\\'0\' .' \ ", ... J;:! . .:,,,,j::;::;~I,i ".. :::lJ,....~.~" ..;1-' -. - -. .r combination shall be provided for him by the paternal grandmother should he decide to exercise such visitation; at any time that the grandmother and the child are in the central Pennsylvania area; and during the Christmas and spring breaks as the parties can agree. 4. The parties will share transportation responsibilities. 5. Reasonable telephone access shall continue to be allowed for the father. 6. Both parties shall keep the other advised regarding their current addresses and phone numbers. 7. The paternal grandmother shall advise the father as soon as practical regarding the specific identities and means of communication regarding any educational personnel that are involved in the child's education. 8. The Court shall retain jurisdiction in this case. 9. At the termination of the 2000-2001 academic school year, the parties agree to meet for a conciliation conference regarding the future physical . " ~. custody arrangement of Misty Nicole Weaver. 10. With regard to Misty's wishes, should she decide to return to her father's physical custody, she will be permitted to return, at which time father will assure her educational needs and provide a stable home environment for her, 11. At the conciliation conference scheduled for the summer, the parties agree that the paternal grandmother may participate in that conference by telephone. By the Court, r., J. James J. Kayer, Esquire For the Plaintiff LapiJD l1o.JJ. JQ-.3I-OO ~ David Green, Esquire For the Defendant wcy KERWOOD L. WEAVER PLAINTIFF I t~p. V. ESTHER WEAVER DEFENDANT/~tion. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-3628 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, June 06, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, June 28, 2001 at 8:30 a.m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing ProtectIon from Abnse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy. Esq./Zl Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VB AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 . _ ~ -L---,'If- __ rnr' 4.W N' e/1 F ~l ~ ~;,,-: ~ l{)el1 ~ ~ ......-. Ml7 'f"l /!I (:I? ~r7' .~ ~ ",v_ 'VllW^'ASNN3d JJ.NnW ONlf1tB8Vn) as :2 Hd ?, I Nfli' 10 AINlO\:'.. . ,......; , 8' MAl ) 1 i'M1 Of' KERWOOD 1. WEAVER, Plaintiff/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLV ANlA v. : NO. 2000-3628 CIVIL TERM : CIVIL ACTION - LAW ESTHER WEAVER, Defendant/Petitioner : IN CUSTODY ORDER OF COURT AND NOW, this day of ,2001, upon consideration of the attached Petition, it is hereby directed that the parties and their respective counsel appear before Hubert X. Gilroy, Esquire, Custody Conciliator, at on of ,2001, at o'clock _.M., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: , Esquire Custody Conciliator cc: JamesJ.Kayer,Esquire Attorney for Plaintiff Robert Mulderig, Esq. Attorney for Defendant , KERWOOD 1. WEAVER, Plaintiff/Respondent : IN THE COURT OF COMMON PLEAS OF ; CUMBERLAND COUNTY, PENNSYL V ANlA v. : NO. 2000-3628 CIVIL TERM ; CIVIL ACTION - LAW ESTHER WEAVER, Defendant/Petitioner ; IN CUSTODY MOTION TO REAPPOINT CONCILIATOR COMES NOW, the Defendant, Esther Weaver, by and through her attorney, James J. Kayer, Esquire, and who does hereby aver as follows; 1. The Petitioner, Esther Weaver, the Defendant in the above captioned matter. 2. The Respondent, Kerwood 1. Weaver, the Plaintiff in the above captioned matter.. 3. The Respondent is the natural father of Misty Nicole Weaver, born July 29,1989. 4. The Petitioner is the Paternal Grandmother of Misty Nichole Weaver. 5. By mutual agreement of the parties reached in open court on October 20,2000, this Honorable Court issued a Custody Order whereby primary physical custody of the child was with the Paternal Grandmother for the 2000-2001 academic school year. A copy of the Order is attached hereto and designated as Exhibit "A". 6. Paragraph 9 of the Court's October 20,2000 Order anticipates that the parties will meet for a conciliation conference regarding the future physical custody of the child at the end of the academic year. WHEREFORE, the Petitioner requests this Honorable Court to reappoint Hubert X. Gilroy as conciliator and to direct the conciliator to schedule a conciliation conference as soon as practicable. , Respectfully submitted, KA YER & BROWN Date: 5/2 1(0) " . , VERIFICATION I, James J. Kayer, Esq., am the attorney for, and being duly affirmed according to law, depose and say that the facts set for the in the foregoing Motion to Reappoint Conciliator are true and correct to the best of my knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. ~ 4904, relating to unsworn falsification to authorities. Date: f (2,CJ (t! I KA AND BROWN 4 East Liberty Avenue Carlisle PAl 70 13 (717) 243-7922 Court I.D. # 50838 CERTIFICATE OF SERVICE I hereby certify that a true copy of the foregoing MOTION TO REAPPOINT CONCILIATOR was served on the following persons by Via Facsimile and First-class mail, postage prepaid, by forwarding a true and correct copy unto; TURO LAW OFFICES 28 South Pit Street Carlisle PA 17013 Date (/2/lld( .. : KERWOOD L. WEAVER, Plaintiff :IN THE COURT OF COMMON PLEASE OF : CUMBERLAND COUNTY, PENNSYLVANIA v. ESTHER WEAVER, Defendant : NO. oo-3(~r CIVIL TERM : CIVIL ACTION - CUSTODY AFFIDAVIT OF SERVICE I HEREBY CERTIFY THAT I served a true and correct copy of the Petition for Special Relief filed in the above captioned cases upon Esther Weaver, by certified mail, return receipt requested on June 22, 2000 addressed to: Esther Weaver 343 Medford Avenue Deltona, FL 32725 and did thereafter receive same as evidenced by the attached Post Office receipt card dated June 26, 2000. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT OF SERVICE ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, I UNDERSTAND THAT FALSE STATEMENTS HEREIN MADE ARE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. TURO LAW OFFICES ~~/dO Dae Robert . Mulderig, Esq 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff II ~ Postage CeI1ifiedFee SpocIaIDellveryFee _eel DelIvery Fee "' g: Relum IIecoiIll soomg to ~ Whom & 0aI0 IleiVMd 1: ReUn~SI'ooi'Igll-, ~ 0III0,&_~_ 8 TOTAL Postage & Fees $ ~. q 5 110 CW) postmafk or Dattt ~ If Ju./U Z'l.-,Utm I .NDER: D Complete lteme 1 IOO'or 2 for addItiooaI. 8eMcet.. I' "-.....,......... OPrlnl your naTIf and add,... on the reverse of thil form 80 that we can return tI'liI card to you. DAttach tI'lia form to .. front of the rnailpiece, or on the back if apace doea not I a e;:.:;RIffUm R<<>>ipt Requested" on the mailpi&ce below the article N.lmber. . a1'he Return Receipt wiIIlhow to whom the artioIe was detIver.t and the claw I ,..._ to receive the fcI/IWo Ing servtcee (lor en extra leet: ~~-~~ I I, I I , I J Addressed to: ESTH€T<. N eA-VER 34-3 mebFDf.D f\'Ve: beLThtJA, Fl 32,125 4&. Article Number 2. 452. 1l.o III 4b. Service Type o RegiStered !Jlcertined o Express Mall 0 Insuled rkRetum Recoipt for M........... 0 COD 7. Dete 01 Delivery :.--<--' I or Agent) . ,. Form 381" If H ......,.... l J J . .... OaInestfc Retum Receipt ~ > ~ 0 ~ 0 '- -~j '"'Ocn c:::. .~i .JJ 5)?n, C- 0,.- :U I -;:;i.:q ZC- en iJl...;, C/) ,> :~~:~9 r':?: :;:::,C' v ~-. -n ~'i :J:: '-)0 CJ ::srf"J >c "-I ~ .:::> ~ Xl 0 -< ,! ~.~ ~ JUL 03 2~ KERWOOD 1. WEAVER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV ANlA v CIVIL ACTION - LAW ESTHER WEAVER, Defendant NO. 2000 - 3628 CIVIL IN CUSTODY COURT ORDER AND NOW, this ~ l-l day of ~ u ~ ,2001, upon consideration of the attached Custody Conciliation Report, it is ordered and di ected as follows: 1. A hearing is scheduled in Courtroom No. I of the Cumberland County Courthouse on the 9th day of August, 2001 at I :30 p.m. At this hearing, the Father, Kerwood 1. Weaver, shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the court, each party's position on these issues, a list of witnesses who will be called to testified and the summary of the anticipated testimony of those witnesses. This memorandum shall be filed at least five (5) days prior to the mentioned hearing date. 2. Pending the hearing as noted above, Father shall continue to enjoy custody with the minor child Misty Nicole Weaver, bom July 29, 1989 during the summer. 3. Both parties are specifically directed to provide the other party with a current address and phone number for their home at this time. 4. Father's counsel is directed to serve a copy of this Order scheduling the hearing in this matter on the Mother of the minor child if her whereabouts are able to be determined. BY THE COURT, cc: Robert 1. Mulderig, Esquire James 1. Kayer, Esquire '~ Michael Kane, Esquire ~.;s> f\w t:\-\iO\ J. , i'''' 1('\it~::,A \!\~~I""i\ '/\'.)' ,.. ::'-~",.. 8 )\.1.~.\r;',~~;~) , r;'-:',"'....'t I" r. \,.'j Ci.-\;J' \'J ill :u;j , ,_ c..J I~".jl ,". NJ'.L\,:_ ,Cr ,.,-i :rj~j:\''-'' ,...J'- :~-~ KERWOOD 1. WEAVER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LA W ESTHER WEAVER, Defendant NO. 2000 - 3628 CIVIL IN CUSTODY Prior Judge: 1. Wesley Oler, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915 .3-8(b), the undersigned Custody Cdnciliator submits the following report: I. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Misty Nicole Weaver, born July 29, 1989. 2. A Conciliation Conference was held on June 28, 2001, with the following individuals in attendance: The Paternal Grandmother, Esther Weaver, with her counsel, James J. Kayer, Esquire; and the Father, Kerwood 1. Weaver, with his counsel, Robert 1. Mulderig, Esquire. Mrs. Weaver was not present for the Conciliation but was available by phone from Florida. The Mother is not a party to this action, and the parties assert that the Mother has not had any contact with the minor child since 1998. 3. Pursuant to an agreement of the parties, the Paternal Grandmother has enjoyed custody with the minor child since last summer. Paternal Grandmother now has custody of the minor child during the school year. Father wants to maintain primary custody. Paternal Grandmother feels she should retain primary custody. The parties are unable to reach an agreement. The Conciliator recommends the entry of an order in the form as attached. Cr~'} f/ 01 DA E ' . .- ; KERWOOD L. WEAVER Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW ESTHER WEAVER Defendant 2000-3628 CIVIL TERM ORDER OF COURT AND NOW, this 9th day of August, 2001, upon consideration of Plaintiff's Petition for Modification of Custody in the above-captioned matter, and pursuant to an agreement reached in open court between the parties in the person of Plaintiff Kerwood L. Weaver (father), represented by Robert J. Mulderig, Esquire, and Defendant Esther Weaver (paternal grandmother), represented by Peter J. Russo, Esquire, it is ordered and directed, in accordance with the dictation of counsel in court, with respect to custody of the parties' child as follows: 1. Parties shall share legal custody. 2. Kerwood L. Weaver shall have primary physical custody of the subject minor child. 3. Esther Weaver shall commence temporary custody effective today until such time as Kerwood L. Weaver relocates to Florida and establishes a residence which at a minimum shall contain a separate bedroom for the subject minor child. 4. The parties agree that neither shall relocate from Florida until further order of court. 5. The parties agree that Esther Weaver shall have visitation on alternating weeks during the school year from Friday after school through the delivery of the child on Monday morning to school. During summer months, Esther Weaver shall pick up the child as early as is convenient for father and retain the child until 5:00 p.m. the following Monday. On alternating weeks the - " ViN\f^lASNN3d JJ.Nnm C]\i'1l1:!38V'/m 2C :IH,I~ Ll ~n~ 10 AU\1JC;'~Of-':_'~ "n<~ ~;:-l.i. .:0 jJU::O..-U:11~~J .... , Tuesday and Thursday following the return of the child, Esther Weaver shall have during the school year after school until 8:00 p.m. and during the summer months a time which is as early as convenient for father through 8:00 p.m. as well. Grandmother shall have the right of first refusal for all day care. 6. Father agrees to continue with any treatment the child is currently receiving and as long as such treatment is medically necessary. Esther Weaver shall have two non-consecutive weeks of uninterrupted visitation which encompass her weekends as well during the summer. 7. The parties agree to alternating holidays of the five holidays of New Years, Memorial Day, 4th of July, Labor Day and Thanksgiving, Christmas will be split 12:00 noon to December 24 at 12:00 noon December 25 in odd numbered years with the father and in even numbered years with the grandparents and in odd numbered years it will reverse. At such other times as the party may mutually agree. By the Court, Peter J. Russo, Esquire 5010 East Trindle Road Mechanicsburg, PA 17050 For the Plaintiff Robert J. Mulderig, Esquire 32 South Bedford Street Carlisle Pa 17013 For the Defendant ~ ~ ?v17~~/ q. pcb .~. ~- JUt 3 1 2000/tJ v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA CIVIL ACTION - LAW NO. 2000 - 3628 CIVIL IN CUSTODY KERWOOD L. WEAVER, Plaintiff ESTHER WEAVER, Defendant COURT ORDER AND NOW, this 2'1.1. day of ..au~$L 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and ted as follows: 1. The Father, Kerwood 1. Weaver, and the Paternal Grandmother, Esther Weaver, shall enjoy shared legal custody of Misty Nicole Weaver, born July 29, 1989. 2. The Father shall ~oy primary physical custody of the minor child. 3. The Paternal Grandmother shall enjoy periods of physical custody of the minor child as follows: A. When the Grandmother is in the Carlisle area and gives Father notice in advance, the Grandmother may exercise custody during the time she is in the Carlisle area which custody shall be unsupervised on a condition that she tells the Father where she is residing in Carlisle and gives Father a phone number. B. For the remainder of the summer for the year 2000, Maternal Grandmother may exercise physical custody with Misty until one week before school begins. C. Absent an agreement between the parties to the contrary, for the summer of the year 2001 and thereafter, the Paternal Grandmother shall have physical custody of Misty from a point starting three (3) days after she is released from school until when Father starts his two (2) week vacation. Misty shall be returned to Father for his two week vacation in the summer. Upon conclusion of Father's two week vacation, Misty shall again be in the custody of the Paternal Grandmother until one week before Misty will start school. 4. The Paternal Grandmother shall enjoy reasonable telephone contact with Misty which shall include at a minimum three unmonitored phone calls each week. When Misty is in the custody of the Patemal Grandmother, Father shall enjoy similar telephone contact privileges. - 'l.' VI,j'ilI1ASrJN3d I "'.OV'~. "~\ ,"c.'wn" ru.J',,: ki,_: ~\" '-,. ,~'f,l V ~"} '11 '!"j (' - -1"\1 f'n Ov " :'1':.;__ oji1 J:,.,' . . <, .~. -<t- 5. Both parties shall keep the other party advised with respect to their current address and phone number. 6. The parties shall share transportation costs in connection with exchange of visitation. Absent an agreement otherwise, the non-custodial party shall be responsible for making arrangements to either pick up the child or travel arrangements for the child to be delivered to them to start their period of custody. 7. The parties may modify this Order by any agreement they may reach between themselves. Absent any agreement, this Order shall control. In the event the parties desire to modify this Order, either party may petition the Court to have the case again scheduled for a Conference with the Custody Conciliator. BY THE COURT, cc; James Kayer, Esquire David Greene, Esquire S Cof/[S ~t~ Pf:3joo ~ J. -, "., <- KERWOOD 1. WEAVER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA v CIVIL ACTION - LAW NO. 2000 - 3628 CIVIL IN CUSTODY ESTHER WEAVER, Defendant Prior Judge: 1. Wesley Oler, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WIlli THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: I. The pertinent information pertaining to the child who is the subject of this litigation is as follows; Misty Nicole Weaver, born July 29, 1989. 2. A Conciliation Conference was held on July 28, 2000, with the following individuals in attendance: The Father, Kerwood 1. Weaver, with his counsel, David Greene, Esquire; and the Paternal Grandmother, Esther Weaver, with her counsel, James Kayer, Esquire. 3. The parties agree to the entry of an order in the form as attached. ~ ;) '11 {)D DATE . .. . . . ~ ~T$~Y ~~\) <so"V ,?V~l" '-l ,,~\" .""o~ _~<s-{\- <: co~ ,?"'rP' ~o' ~"., co<$- ~co ~~~ , , ~ .. \ , . " OCT 0 5 2mJrJeIJ ~ KERWOOD L. WEAVER, PlaintifflRespondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2000-3628 CIVIL TERM : CIVIL ACTION - LAW ESTHER WEAVER, Defendant/Petitioner : IN CUSTODY tf;: ORDER OF COURT AND NOW, this.T: day of October, 2000, based the attached Emergency Petition for Special Relief, it is hereby ordered that a hearing shall be scheduled this matter be scheduled to address the issues raised in the Petition for Special Relief. This hearing shall occur on the/" 'fit day of ~ .c.I. '"-U , 2000 at 3'~30 o'clock ---.A:.M., in Courtroom No. I of the Cumberland County Courthouse, Carlisle, Pennsylvania BY THE COURT, 1. 1. cc: James J. Kayer, Esquire Attorney for Plaintiff David Green, Esq. Attorney for Defendant ~)J~ /O/I6I,~ A.U " I f .. ).. ..J I \iiNWI1ASNN::id JJ.Nnm 01,'\-1"1838\'1(18 U; : II HV I I lJO 00 AbV1G::J.l.!.. JO J8;::l:;(}~lJ~Ti~::1 .. KERWOOD L. WEAVER, PlaintiffiRespondent : IN lHE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2000-3628 CIVIL TERM : CIVIL ACTION - LAW ESlHER WEAVER, Defendant/Petitioner : IN CUSTODY EMERGENCY PETITION FOR SPECIAL RELIEF COMES NOW, the Defendant, Esther Weaver, by and through her attorney, James J. Kayer, Esquire, and who files the Emergency Petition for Special Relief stating: I. The Petitioner, Esther Weaver, is an adult individualresiding at 343 Medford Avenue, Deltona Florida. 2. The Respondent, Kerwood L. Weaver, is an adult individual who until recently resided at 611 Burgners Road, Carlisle, Cumberland County, Pennsylvania. 3. The Respondent is the father of Misty Nicole Weaver, born July 29, 1989. 4. The Petitioner is the Paternal Grandmother of Misty Nichole Weaver. 5. This Honorable Court has entered a Custody Order which confirms that the parties share legal custody of Misty Nicole Weaver, with the father enjoying primary physical custody of the child and the patemal grandmother enjoying periods of partial physical custody of the child. A copy of this Order is attached hereto and incorporated herein as Exhibit "A". 6. Father's residence at 611 Burgners Road was sold causing him to relocate. Father has allegedly relocated to a residence at an unknown address in the Newville/Carlisle are. 7. Paragraph 5 of the parties August 2,2000 Court Order requires both parties to keep the other advised with respect to their current address and telephone number. The father has failed to abide by this provision. 8. The Petitioner contacted the child at her school to determine if she was well and to attempt to determine where she was living since the relocation. The child reported to her grandmother that she does not know the address of the home she is residing at, but that it is a two (2) bedroom home with approximately 15 people residing within it. 9. The Petitioner has maintained regular contact with the child's school principal and learning support teacher. She has determined from the principal that the child has been absent four (4) days since school commenced on August 28, 2000 and that two (2) of those days were unexcused. The Learning Support teacher has expressed her concern regarding the child's absenteeism as well as the fact that she is not consistently given her medication for ADD as prescribed by the child's physician. 10. The child's leaming difficulties regarding her retention of knowledge are so severe that she required additional classes and attention during the summer. The father was only able to get the child to half of those required sessions. II. The Petitioner believes and therefore avers that the increasingly chaotic situation within father's home has been significantly detrimental to the well being and best interest of the child. 12. The Respondent at various times has threatened to remove the child from the Commonwealth of Pennsylvania to an undisclosed location and has attempted to limit the telephone access that the grandmother enjoys with the child in violation of the Court's August 2,2000 Order. WHEREFORE, the Petitioner requests this Honorable Court to grant schedule a hearing as soon as practicable to address the issues raised within this Petition for Special Relief and to determine whether it is in the child's best interest to remain in the primarily physical custody of the Respondent. Respectfully submitted, KA YER & BROWN Date: 10 ('f I tJ (J [ RECEIVED 93/16 22:97 1991 AT q976682781 Sent By'- Kayer and Brown; PASE 2 (~RINrED PASE 2)] 2430946; . . Sep-26-00 1 :51PMj Page 2/2 VERIFICATION Of PLEADINGS The foregoing de cument is based upon infomlation which has been gathered by my counsel and myself j II the prcpa :adon of this action. The language of the document may, in palt, be the language of my counsel arid not my O\VTI. I havc read the statements made in this document and to the extcnt that it is based up()n information which I ha\'e givell to illY counsel, it is true and COITeet to the besl of my knoHledgc, information l\tIel belief. To the eXlent that the eOlltents of the statements are that of co ,illS. I, ] have relied upon counsel in making this Verification. lundcrsland that false statements he 'ein are made subject to the penalties of 18 PA. C.S. ~ 4904, relating to UnSWOlll falsification to authoriLies. Date: Y-d6-o(J ~~ ." . ,..- \ .. . . JUl: 3 1 200rfIJ v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000 - 3628 CIVIL IN CUSTODY KERWOOD 1. WEAVER, Plaintiff ESTHER WEAVER, Defendant COURT ORDER AND NOW, this ~cLdaY of LLoud-. 2000, upon consideration of the attached Custody Conciliation Report, it is ordered ~ follows: 1. The Father, Kerwood 1. Weaver, and the Paternal Grandmother, Esther Weaver, ~~~m~StYiNjC51~er~y:l2,'Yj~27 2. The Father shall enjoy primary physical custody of the minor child. 3. The Paternal Grandmother shall enjoy periods of physical custody of the minor child as follows: A. When the Grandmother is in the Carlisle area and gives Father notice in advance, the Grandmother may exercise custody during the time she is in the Carlisle area which custody shall be unsupervised on a condition that she tells the Father where she is residing in Carlisle and gives Father a phone number. B. For the remainder of the summer for the year 2000, Maternal Grandmother may exercise physical custody with Misty until one week before school begins. C. Absent an agreement between the parties to the contrary, for the summer of the year 2001 and thereafter, the Paternal Grandmother shall have physical custody of Misty from a point starting three (3) days after she is released from school until when Father starts his two (2) week vacation. Misty shallbe returned to Father for his two week vacation in the summer. Upon conclusion of Father's two week vacation, Misty shall again be in the custody of the Paternal Grandmother until one week before Misty will start school. 4. The Paternal Grandmother shall enjoy reasonable telephone contact with Misty which shall include at a minimum three unmonitored phone calls each week. When Misty is in the custody of the Paternal Grandmother, Father shall enjoy similar telephone contact privileges. -------~---- . Exn,p It \-( \.cl ,A-- , . 5. Both parties shall keep the other party advised with respect to their current address and phone number. 6. The parties shall share transportation costs in connection with exchange of visitation. Absent an agreement otherwise, the. non-custodial party shall be responsible for making arrangements to either pick up the child or travel arrangements for the child to be delivered to them to start their period of custody. 7. The parties may modify this Order by any agreement they may reach between themselves. Absent any agreement, this Order shall control. In the event the parties desire to modify this Order, either party may petition the Court to have the case again scheduled for a Conference with the Custody Conciliator. BY THE COURT, 1~~y)~:r~() 1L ~J J. cc; James Kayer, Esquire David Greene, Esquire TAV~ .COPV FROM RECORD In T~y whereof, I here u/ltO set my hand r"'" ~"... ~. PI. , '~('_D~Y~ . ~~ " . ~ . . KERWOOD 1. WEAVER, Plaintiff v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA CIVIL ACTION - LAW NO. 2000 - 3628 CIVIL IN CUSTODY ESTHER WEAVER, Defendant Prior Judge: J. Wesley Oler, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Misty Nicole Weaver, born July 29, 1989. 2. A Conciliation Conference was held on July 28, 2000, with the following individuals in attendance: The Father, Kerwood 1. Weaver, with his counsel, David Greene, Esquire; and the Patemal Grandmother, Esther Weaver, with her counsel, James Kayer, Esquire. 3. The parties agree to the entry of an order in the form as attached. -.!JJ ;) '// () D DATE .. . . CERTInCATE OF SERVICE I hereby certify that a true copy of the foregoing EMERGENCY PETITION FOR SPECIAL RELIEF was served on the following persons by Via Facsimile and First-class mail, postage prepaid, by forwarding a true and correct copy unto; David Green, Esq. 28 South Pitt Street Carlisle P A Date /6Itf!oCJ , q'~' - ,II- ~~r ~ ~- ~ -- KERWOOD L. WEAVER,: Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW ESTHER WEAVER, Defendant NO. 00-3628 CIVIL TERM ORDER OF COURT AND NOW, this 12th day of October, 2000, upon agreement of counsel, the hearing previously scheduled in this matter for October 16, 2000, is rescheduled to Friday, October 20, 2000, at 1:30 p.m., in Courtroom No. I, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, J James J. Kayer, Esq. Attorney for Plaintiff :rc ~. 00 [,~ID'I~ David Greene, Esq. Attorney for Defendant 'v'iNV/\lASNN3d A1Ni'10:i C;"d'~nCy'4no ZS :2 Hd ;;; I 130 CO KERWOOD L. WEAVER PLAINTIFF V. ESTHER WEAVER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA 00-3628 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, June 06, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, June 28, 2001 at 8:30 a.m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. GilrQ')J, Esq.tP Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 - ~ ~f ~ ~ ~l !Cl-el7 '9f.--p ~ ~ ~ /Cl-e!-? ~ $? :f- ~ ~ r; J(}.{'/.f IJIlW^1ASNN3d JJ.Nn08 (1~ti1tjj8V\1na LS :2 Hd 21 Nor 10 1U\../~n\:(J~' !'''':.. ...i-'v'''~ /\Ov.........',_, .,1,0'.,...1'. - 3::): ;~:!O'<J :,:"; ]': KERWOOD L. WEAVER, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-3628 CIVIL TERM : CIVIL ACTION - CUSTODY ESTHER WEAVER, Defendant QRDER OF COURT AND NOW, this day of , 2001, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before , Esq., the Conciliator, at on the day of 2001, at .M., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a temporary order. Failure to appear at the Conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 KERWOOD L. WEAVER, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-3628 CIVIL TERM : CIVIL ACTION - CUSTODY ESTHER WEAVER, Defendant PETITION TO MODIFY CUSTODY ORDER 1. Plaintiff is Kerwood L. Weaver, an adult individual whose residence is at P.O. Box 1281, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Esther Weaver, an adult individual whose residence is at 343 Medford Avenue, Deltona, Florida. 3. Plaintiff seeks custody of child Misty Nicole Weaver, born July 29,1989. 4. By Order of Court of Common Pleas of Cumberland County, dated October 20, 2000, custody during the 2000-2001 academic school year was with Defendant, subject to periods of temporary custody with father. A copy of said order is attached hereto and incorporated herein. 5. Paragraph 9 of said Order states, U At the termination of the 2000-2001 academic school year, the parties agree to meet for a conciliation conference regarding the future of physical custody arrangement of Misty Nicole Weaver. 6. The academic school year for 2000-2001 was completed on or about May 22, 2001. WHEREFORE, Plaintiff requests that a custody conciliation be scheduled immediately in accordance with the Courts order of October 20, 2000. ~1/r;1 Date Respectfully Submitted TURO LAW OFFICES f Robert J. ul erig, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff ~ , VERIFICATION I verify that the statements made in the foregoing Petition to Modify Custody Order are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. ~h~j, I Oat ~~~ Kerwood L. Weaver . . 11 : ". CERTIFICATE OF SERVICE . . I hereby certify that I served a true and correct copy of the Petition to Modify Custody Order upon James J. Kayer, Esquire, by depositing same in the United States Mail, first class, postage pre-paid on the~ '1ft day of IIfll ' 2001, from Carlisle, Pennsylvania, addressed as follows: James J. Kayer, Esquire Kayer & Brown 4 Liberty Avenue Carlisle, PA 17013 TURO LAW OFFICES ~ Robert J. ulderig, Esquir 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff ." '"'t ~~ ~ ....... -... ~ ~ v, () , ~ '----<:) '>l (', \:I '^ .>-- ~ :t' ~ ~ ~ '0 o C" C,:J ,'" , , s:: ::.::: ,~") '"Ii J._ .:,. '.,t " ~~". :----'-1 (j -',-~) ':'1 ,. :--~ ""{) " "'J"l ~..".. ,~~'~~ >~:i ~c..., L~':J ='< :;;'1 -::.:J '.:J . . ! ~ KERWOOD L. WEAVER PLAINTIFF V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ESTIIER WEAVER 2000-3628 CIVIL ACTION LAW DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, this 19th day of June ,2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear beforeHubert x. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on the 28th day of July , 2000, at8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR TIIE COURT, By: Isl Hubert X. ('.,ilro:y. Esq. tP Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATIORNEY AT ONCE. IF YOU DO NOT HAVE AN ATIORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 , vi'~;I- -: ~ u,,; ill?' iX!-1 . . ~ ~ ~ ~(/oe-'1 "'" ~ f"I""" (,I,,; 'f"( fl) 'if'1 VINIi^'ASN }JNnCO (IN\'ltf5$V'jn8 ""c O::l:f: 1,.ld 0" I""j , ",I roo '\1;,'10 _:K) - -I ..il KERWOOD L. WEAVER, Plaintiff :IN THE COURT OF COMMON PLEASE OF : CUMBERLAND COUNTY, PENNSYLVANIA v. ~ NO. 00- J ,;j> CIVIL TERM ESTHER WEAVER, Defendant : CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW, this day of , 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before , Esq., the Conciliator, at on the day of 2000, at .M., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court and to enter into a temporary order. Failure to appear at the Conference may provide grounds for entry of a temporary or permanent order. Felllvve tire::; ",,111I0 trom the State of l-"enn~yIYClllli8. FOR THE COURT, By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 " . - - '- , KERWOOD L. WEAVER, Plaintiff : IN THE COURT OF COMMON PLEASE OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00- 3(..11 CIVIL ESTHER WEAVER, Defendant : CIVIL ACTION - CUSTODY CUSTODY 1. Plaintiff is Kerwood L . Weaver, an adult individual who currently resides at 611 Burgners Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Esther Weaver, an adult individual who currently resides at 343 Medford Avenue, Deltona, Florida. 3. Plaintiff seeks custody of his child, Misty Nicole Weaver, born July 29, 1989, currently residing at 611 Burgners Road, Carlisle, Cumberland County, Pennsylvania. 4. By Order of the Court of Common Pleas of the 39th Judicial District of Pennsylvania Franklin County Branch Juvenile Court Division, custody of the child was placed with the Plaintiff, Kerwood Weaver, her natural father and the Defendant, Esther Weaver, her paternal grandmother. A copy of the Order is attached hereto and incorporated herein as Exhibit A. 5. In February 1998, both Plaintiff and Defendant resided at 611 Burgners Road, Carlisle, Cumberland County, Pennsylvania. 6. On or about September 9,1999 Defendant moved to 343 Medford Avenue Deltona, Florida. 7. The child, Misty Nicole Weaver, remained in the care and custody of the Plaintiff, Kerwood L. Weaver, her father, at 611 Burgners Road, Carlisle, Cumberland County, Pennsylvania. 8. The relationship of the Plaintiff to the child is that of natural father. 9. The relationship of the Defendant to the child is that of paternal grandmother. 10. The Plaintiff has participated as a party in a juvenile dependency case in the Court of Common Pleas of Franklin County docketed to J0255, 1996. 11. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. - Il . - , 12. The best interest and permanent welfare of the child will be served by granting the relief requested because the Plaintiff is the primary care giver with respect to the child. 13. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. Not other persons are known to have or claim to have any right to custody or visitation of the child other than the parties to this action. 14. On or about June 9, 2000, Defendant retumed for a visit in Pennsylvania and attempted to remove the child from the State to return to her to Florida. WHEREFORE, Plaintiff requests your Honorable Court to refer this case to a Custody Conciliator and pending such conciliation hearing prohibit either party from removing the child from the State of Pennsylvania. Respectfully Submitted TURO LAW OFFICES /J,;j~ Date Robert J. 28 Sout itt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Kerwood L. Weaver " - , ., , VERIFICATION I verify that the statements made in the foregoing Custody Complaint are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. ~904 relating to unsworn falsification to authorities. {{; / (5/80 Date' . _~'~A._LhtW^_ Kerwood L. Weaver - fk "k ~ o~G.'8 r- ~ C oJ.", ...Q 0 () <0 d i' ' ( ~ vV' ~ r.-r -$ c> C) t.:::. .-[ o C ::ii.' ""Ocf' rn\ ~' ,~ :z:..,-"', .,- '655-.. Z; ~t:, ~'O 4C~ ~;,,, ~6 :P" c:~ !"'--) ~ ~ ~ ...- !~ ,] (.~ ~; \'11 I...j :...~\ 2 3 4 j 6 '" ~ 7 8 9 10 11 12 13 14 1) 16 17 18 19 20 21 22 23 24, 2j - . , '. , IN THE COURT OF COMMON PLEAS OF THE . 39TH JUDICIAL DISTRICT OF PENNSYLVANIA FRANKLIN COUNTY BRANCH In the Interest of: JUVENILE COURT DIVISION Misty Weaver J0255, 1996 ORDER OF COURT February 23, 1998, after hearing the evidence, the Court finds that Misty Weaver has been living with Kerrwood Weaver and his mother, E~r, and things have been going well. Upon recommendation of the Franklin County Children and Youth Services, the Court is going to find that Misty is no long dependent and that she be placed permanently in the care, custody and control of her father, Kerrwood Weaver, and his mother, ESder. THE COURT 'FURTHER ORDERS THAT Franklin County Children and Youth shall provide protective services for Misty, and the Court means by that that they shall check in once a month with Estler and Kerrwood by phone. If at any time there are problems, either Estler or Kerrwood could contact Children and Youth..:.. THE COURT FURTHER ORDERS THAT if Kerrwood leaves the State of Pennsylvania, he should give Children and Youth and his mother, Estler, at least 72 hours notice before he would attempt to remove Misty from the State of Pennsylvania. .J. ~ In The Court Of Common Pleas Of Cumberland County, Pennsylvania Kerwood L Weaver, Plaintiff Case no:200-3628 Civil Term Civil Action - Law vs, Esther Weaver, Defendant Custody Petition Custody Petition AND NOW, this 14th day of July 2006, I Kerwood L Weaver, shall have Residential, Primary Physical custody of the minor chid, Misty N Weaver. The minor child shall use Kerwood L Weaver's address as a permanent address. Father is asking that the child, Misty N Weaver remain in his custody and care until she is capable due to her disability of making responsible decisions on her own. The Grandmother, Esther Weaver is entitled to exercise unlimited liberal visitation as mutually agreed on by the father, Kerwood L Weaver. 1- /t/-OG ~~ ~ .-<' 1 2 3 4 5 6 :E co 7 ~ 8 9 10 11 12 13 14 15 16 17 H 18 0 ~ 0 ; 19 ,; z z 2 20 . . 0 u 0 . 21 0 ~ L 22 23 24. 25 , IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT OF PENNSYLVANIA FRANKLIN COUNTY BRANCH In the Interest of: JUVENILE COURT DIVISION Misty Weaver J0255, 1996 ORDER OF COURT February 23, 1998, after hearing the evidence, the Court finds that Misty Weaver has been living with Kerrwood Weaver and his mother, E~r, and things have been going wel~. Upon recommendation of the Franklin County Children and Youth Services, the Court is going to find that Misty is no long dependent and that she be placed permanently in the care, custody and control of her father, Kerrwood Weaver, and his mother, E~r. THE COURT 'FURTHER ORDERS THAT Franklin County Children and Youth shall provide protective services for Misty, and the ,Court means by that that they shall check in once a month with Estler and Kerrwood by phone. If at any time there are problems, either Estl:er or Kerrwood could contact Children and Youth...._. THE COURT FURTHER ORDERS THAT if Kerrwood leaves the State of Pennsylvania, he should give Children and Youth and his mother, EstlEr, at least 72 hours notice before he would attempt to remove Misty from the State of Pennsylvania. .J ., . I . APR 23 200 !> . PETERJ.RUSSO,ESQVIRE 5010 EAST TRINDLE ROAD, SUITE 200 MECHANICSBURG, PA 17050 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA KERWOOD L. WEAVER, o Case No.: 200-3628 CIVIL TERM .~-- - --~:Plamnn. -. -'-- .,- . , VS. CIVIL ACTION - LAW ESTHER WEAVER, Defendant CUSTODY CUSTODY ORB. ANDNOW,this41-dayof q~l Q consideration of the within. StiplJ1ated Custo(jy Agreement, 2002, upon IT IS HERElWORDEREI);;;,ANI) DECREED THAT: 1) The parties shall share legal custody of the minor child, MISTY WEAVER. 2) Esther Weaver sbaU.have primary physical custody of the minor child. 3) The minor child shall use Esther Weaver's address for enrollment in. school. 4) The Father shall be entitled to liberal visitation as mutually agreed upon by the parties, which at a minimum shall consist of: - 1 5010 EAST TRINDLE ROAD, SUITE 200 MECHANICSBURG, PA 17050 !.. '.& . >"n:-"ii/'1'if[~(,,;:_~ _ . a) During the school year, alternating weekends commencing after school on Friday until Father's delivery of the child to school on Monday mormng. b) During the summer months, alternating weekends commencing as early as Father can pick the child up after work until Monday morning, at a time agreed upon by the parties. 5) The parties also agree to alternate the following holidays: a}~ New Years Day b) Memorial Day c) 4t\1 of July d) Labor Pay e) Thanksgiving 6) Christmas shall be divided as follows: a) In odd number years, Father shall have December 24th at 12:00 noon until 12:00 noon on December 25th. b) In even number years, Esther Weaver shall have December 24th at 12:00 noon until 12:00 noon on December 25th. 7) The parties shall permit reasonable teIephone accessCto the child while ihe child isiii~ ......'-.._._~.-_..,~,~ the other's custody. 8) The parties are encouraged to accommodate the reasonable requests of the other party for alternations of any agreed upon schedule, as the circumstances and best interests of the child required. -2 5010 EAST TRINOLE ROAD, SUITE 200 MECHANICSBURG, PA 17050 ~,~;. ;~~9,~o .. . ~. ~ ,~ ----.-----.. -.._- . ,. 9) If either party hereto breaches any of the provisions of this Agreement, the other p shall have the right to bring any actions or actions in law or equity for such breach, 10) Neither party shall do anything which may estrange the child from the other, or injure the opinion of the child as to the other party, or which may hamper the free and natural development of the child's love or affection for the other party. 11) ,Any modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and only if executed with the same formality as this ~_---StipWat400~Agreement.-- --~--"-~,-~"",,,~-,,,,,,,,,":-._--,,,,,,,".'--._~., 12) The parties desire that this Stipulation and Agreement be made an Order of Court to the Court of Common Pleas of Cumberland County does, in fact have jurisdiction over the issue of custody of the parties' minor child and shall retain such jurisdiction should circumstances change and either party desire or require modification of said Order. '-1'- 13) The parties agree that in making this Agreement, there has been no fraud, concealtnent, overreaching, coercion, or other unfair dealing on the part of the other. 14) The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undueillfluence. '-""""""""~"-=-""-"~ --.-.--",-- "- ~"" '\ i -- \.. lOEAST TRlNDLE ROAD, SUITE 200 CHANICSBURG, PA 17050 -3 :';10,<::~/;,-j\~;..,1" i~ _ ,.. .-llt,,-c. _. ?"' .. ~~~ ~ t ~ ~ ~ FILClJ OFF:I(!.(; OF" THe jJl!ont~onfl~_V /~~'o~ tli.rrtb Lb fJl/ I 61<S KERWOOD L. WEAVER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 00-3628 CIVIL ACTION LAW ESTHER WEAVER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, July 24, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberlaud County Courthouse, Carlisle on Thursday, Au~ust 31, 2006 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinL!. FOR THE COURT. By: Isl Hubert X. Gilra Es Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infonnation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 170 I 3 Telephone (717) 249-3166 _ ~ ~-,t. _l-r ~ 1<J-J>f'^ _ . ~ t ~ ~ ~o-p-e>L If/ t. ~~ -pv 'lO-M'1- (;1" .-7 \' \ ,_., --N' D'c(i1 I...;() 'v;',:~ '16 \';ii j;\'\Ul." KERWOOD L. WEAVER Plaintiff I RECEIVEJJ l:iE. P (I 1 2006 BY; ~= --. : IN THE COURT OF COMMON PLEAS OF --- : CUMBERLAND COUNTY, PENNSYLVANIA "v' ...... .. V. : NO. 2000-3628 CIVIL ACTION - LAW ESTHER WEAVER, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this ----'XL day of S ,.~ t. , 2006, upon consideration of the attached Custody Conciliation eport, it is ordered and directed as follows: 1. and effect. The prior Order of Court dated April 21, 2002 shall remain in full force 2. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, IJ/~ / c4 J. cc: Kerwood 1. Weaver, pro se 24 Betty Nelson Court Lot 7 A Carlisle, PA 17013 .l JIlt<;' ~ 9-() 7-oi Lauren Navalkowsky, certified legal intern, Counsel for pat?mal grandmother 9- Anne MacDonald-Fox, Esquire, Family Law Clinic >- 0; is UJQ ;:")c.~' d.:-'(' Qt=; one wo_ ~UJ F ~ I , I j " --- IJ") N ~ c.;: l- I c_ W C/) "" = = <'oJ :5 (.) ...... " KERWOOD L. WEAVER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 2000-3628 CIVIL ACTION - LAW ESTHER WEAVER, Defendant : IN CUSTODY PRIOR JUDGE: J. Wesley OIer, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Misty N. Weaver July 29, 1989 Paternal Grandmother 2. A Conciliation Conference was held in this matter on August 31, 2006, with the following individuals in attendance: The Father, Kerwood 1. Weaver, pro se and the paternal Grandmother, Esther Weaver with her counsel, Lauren Navalkowsky, certified legal intern and Anne MacDonald-Fox, Esquire, Family Law Clinic. 3. A prior Order of Court dated April 21, 2002 was entered by the Honorable J. Wesley Oler, Jr., providing for shared legal custody, paternal Grandmother having primary physical custody with Father having liberal visitation as agreed by the parties. 4. The parties agreed to the entry of an Order in the form as attached. q-/-O!t Date ~e~~~~~ Custody Conciliator